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RULE 18-426. CONDITIONAL DIVERSION AGREEMENT

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 18. Judges and Judicial Appointees
Chapter 400. Judicial Disabilities and Discipline
Division 4. Disposition Other than Filing of Charges [Rules 18-425 to 18-428]
MD Rules Judges, Rule 18-426
RULE 18-426. CONDITIONAL DIVERSION AGREEMENT
(a) When Appropriate. The Commission and the judge may enter into a conditional diversion agreement if, after an investigation by Investigative Counsel:
(1) the Commission concludes (A) that any alleged sanctionable conduct was not so serious, offensive, or repeated as to justify the filing of charges or, if charges already had been filed, the imposition of any immediate discipline, and (B) that the appropriate disposition is for the judge to undergo specific treatment, participate in one or more specified educational or therapeutic programs, issue an apology to the complainant, or take other specific corrective or remedial action; and
(2) the judge, in the agreement, (A) agrees to the specified conditions, (B) waives the right to a hearing before the Commission and subsequent proceedings before the Court of Appeals, (C) agrees that the conditional diversion agreement may be revoked for noncompliance in accordance with the provisions of section (b) of this Rule, and (D) agrees that the agreement may be admitted in any subsequent disciplinary proceeding against the judge to the extent that it is relevant to the allegations at issue or the sanction that may be imposed.
Committee Note: A conditional diversion agreement may be the most appropriate response to the situation set forth in subsection (a)(1) where any sanctionable conduct was predominantly the product of the judge's impairment, as it can provide a meaningful opportunity for remedial assistance to the judge who, by consenting to the agreement, recognizes it is needed, as well as protection of the public. The judge is free, of course, to reject an offer of a conditional diversion agreement, in which event the Commission may deal with any sanctionable conduct in other ways.
(b) Compliance. The Commission shall direct Investigative Counsel or some other person to monitor compliance with the conditions of the agreement and may direct the judge to document compliance. The monitor shall give written notice to the judge of the nature of any alleged failure to comply with a condition of the agreement.
If, after affording the judge at least 15 days to respond to the notice, the Commission finds that the judge has failed to satisfy a material condition of the agreement, the Commission may revoke the agreement and proceed with any other disposition authorized by these Rules. If, upon request of the judge, a monitor other than Investigative Counsel is appointed, all reasonable expenses of the monitor shall be assessed against the judge.
(c) Not a Form of Discipline. A conditional diversion agreement under this section does not constitute discipline or a finding that sanctionable conduct was committed.
(d) Notice to Complainant; Confidentiality. The Commission shall notify the complainant that the complaint has resulted in an agreement with the judge for corrective or remedial action. Except as permitted in Rule 18-407, the terms of the agreement shall remain confidential and not be disclosed to the complainant or any other person unless the judge consents, in writing, to the disclosure.
(e) Termination of Proceedings. Until the conditions of the agreement have been fully satisfied, the complaint remains open. Upon notification by Investigative Counsel that the judge has satisfied all conditions of the agreement, the Commission shall terminate the proceedings.
Source: This Rule is derived from former Rule 18-406 (c) (2018).

Credits

[Adopted May 15, 2019, eff. July 1, 2019.]
MD Judges, Rule 18-426, MD R JUDGES Rule 18-426
Current with amendments received through November 15, 2020.
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