RULE 19-105. CONFIDENTIALITY
West's Annotated Code of MarylandMaryland Rules
MD Rules Attorneys, Rule 19-105
RULE 19-105. CONFIDENTIALITY
(a) Proceedings Before Accommodations Review Committee, Character Committee, or Board. Except as provided in sections (b), (c), and (d) of this Rule, the proceedings before the Accommodations Review Committee and its panels, a Character Committee, and the Board, including related papers, evidence, and information, are confidential and shall not be open to public inspection or subject to court process or compulsory disclosure.
(1) Right to Attend Hearings and Inspect Papers. An applicant has the right to attend all hearings before a panel of the Accommodations Review Committee, a Character Committee, the Board, and the Court pertaining to his or her application. Except as provided in subsection (b)(2) of this Rule, and subject to any protective order issued by a circuit court for good cause on motion by the Board, an applicant has the right to be informed of and inspect all papers, evidence, and information received or considered by the panel, Committee, or the Board pertaining to the applicant.
Committee note: The intent of this subsection, with the exceptions noted in subsection (b)(2), is to permit inspection by the applicant of all information received or considered by a Character Committee, the Accommodations Review Committee, or the Board. There may be information, however, such as identifying information regarding a victim that is not germane to any issue before those entities and that should not be revealed. Shielding of such information would have to be approved by a court.
(2) Exclusions. Subsection (b)(1) of this Rule does not apply to (A) papers or evidence received, considered, or prepared by the National Conference of Bar Examiners, a Character Committee, or the Board if the Committee or Board, without a hearing, recommends the applicant's admission; (B) personal memoranda, notes, and work product of members or staff of the National Conference of Bar Examiners, a Character Committee, or the Board; (C) correspondence between or among members or staff of the National Conference of Bar Examiners, a Character Committee, or the Board; or (D) an applicant's bar examination grades and answers, except as authorized in Rule 19-209.
(4) for use in a pending disability or disciplinary proceeding against the applicant as an attorney or judge, a pending proceeding for reinstatement of the applicant as an attorney after suspension or disbarment, or a pending proceeding for original admission of the applicant to the Bar, any material pertaining to an applicant requested by:
(5) any material pertaining to an applicant requested by a judicial nominating commission or the Governor of this or any other state, a committee of the Senate of Maryland, the President of the United States, or a committee of the United States Senate in connection with an application by or nomination of the applicant for judicial office;
(8) to Bar admissions officials in any state and to the National Conference of Bar Examiners, the following information regarding applicants for admission pursuant to Rule 19-202 or petitioners pursuant to Rule 19-215: the applicant's name and any aliases, applicant number, birthdate, NCBE number, law school, date that a juris doctor or equivalent degree was conferred, bar examination raw and scaled scores, results and pass/fail status, and the number of bar examination attempts;
Unless information disclosed pursuant to subsections (c)(4) and (5) of this Rule is disclosed with the written consent of the applicant, an applicant shall receive a copy of the information and may rebut, in writing, any matter contained in it. Upon receipt of a written rebuttal, the Board shall forward a copy to the individual or entity to whom the information was disclosed.
(4) Except as provided in subsections (d)(1), (2), and (3) of this Rule or as otherwise required by law, proceedings before the Court of Appeals and the related papers, evidence, and information are confidential and shall not be open to public inspection or subject to court process or compulsory disclosure.
Source: This Rule is derived from former Rule 19 of the Rules Governing Admission to the Bar of Maryland (2016).
[Adopted June 6, 2016, eff. July 1, 2016. Amended June 20, 2017, eff. Aug. 1, 2017; April 9, 2018, eff. July 1, 2018; Dec. 4, 2018, eff. March 1, 2019.]
MD R Attorneys, Rule 19-105, MD R ATTORNEYS Rule 19-105
Current with amendments received through August 1, 2020.
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