RULE 18-436. CONSENT TO DISPOSITION
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023
Effective: April 1, 2023
MD Rules Judges, Rule 18-436
RULE 18-436. CONSENT TO DISPOSITION
Committee note: If the agreement is entered into after charges were filed and the agreed disposition is one that only the Supreme Court can make, the agreement must be submitted to the Court for approval under section (c) of this Rule, under that section, the waiver is deemed withdrawn if the Court rejects the agreement. It is possible that the Court will want to have argument on the question of whether to approve the agreement, and, if it does so, the waiver should not prevent the judge from participating in that argument.
(3) If Charges Not Yet Directed to Be Filed. Unless the consent is to a dismissal accompanied by a letter of cautionary advice or a reprimand, if the agreement is executed before charges have been directed to be filed, it shall contain a statement by the Commission of the charges that would have been filed but for the agreement and the consents and admissions required in subsection (b)(2) of this Rule shall relate to that statement.
(c) Submission to Supreme Court. An agreement for a disposition that can be made only by the Supreme Court shall be submitted to the Court, which shall either approve or reject the agreement. Until approved by the Supreme Court, the agreement is confidential and privileged. If the Court approves the agreement and enters the stated disposition, the Commission shall notify the complainant and the agreement shall be made public, except that any portion of the agreement and stated disposition that relates to charges of disability or impairment shall be confidential. If the Court rejects the stated disposition, the proceeding shall resume as if no consent had been given, and all admissions and waivers contained in the agreement are withdrawn and may not be admitted into evidence.
Committee note: Because the Commission has the authority, on its own, to dismiss a complaint accompanied by a letter of cautionary advice, to issue a reprimand, and to enter into a conditional diversion agreement, a consent to those dispositions need not be submitted to the Supreme Court for approval. See, however, Rule 18-407 (b)(3).
Source: This Rule is derived in part from former Rule 18-407(l) (2018) and is in part new.
Credits
[Adopted May 15, 2019, eff. July 1, 2019. Amended April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Judges, Rule 18-436, MD R JUDGES Rule 18-436
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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