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RULE 16-701. RULES COMMITTEE

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023 to June 30, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 700. Miscellaneous Judicial Units
Effective: April 1, 2023 to June 30, 2024
MD Rules, Rule 16-701
RULE 16-701. RULES COMMITTEE
Currentness
<Text of Rule 16-701 effective until June 30, 2024. See, also, Rule 16-701 effective July 1, 2025.>
(a) Existence. There is a Standing Committee on Rules of Practice and Procedure to assist the Supreme Court in the exercise of its Constitutional and statutory rule-making authority.
Cross reference: Code, Courts Article, ยง 13-301.
(b) Membership. The Committee shall consist of one incumbent judge of the Appellate Court, three incumbent circuit court judges, three incumbent judges of the District Court, one member of the State Senate, one member of the House of Delegates, one clerk of a circuit court, and such other individuals determined by the Supreme Court. All members shall be appointed by the Supreme Court.
(c) Chair and Vice Chair. The Supreme Court shall designate one member of the Committee as Chair of the Committee and may designate one member as Vice Chair. The Chair shall preside at meetings of the Committee and, with the assistance of the Reporter, generally supervise the work of the Committee. The Vice Chair shall perform the duties of the Chair in the absence of the Chair.
(d) Terms.
(1) Generally. Except as otherwise provided in subsection (d)(2) of this Rule, in an Order appointing or reappointing a member of the Rules Committee effective on or after July 1, 2016:
(A) the full term of each member is five years, except that (i) the term of the circuit court clerk is five years or during the incumbency of the individual as a circuit court clerk, whichever is shorter; and (ii) the term of an incumbent judge is five years or during the incumbency of the individual as a judge of the court upon which the individual was serving at the time of appointment, whichever is shorter;
(B) the full terms of the members shall commence on July 1, and, insofar as practicable, the terms shall be staggered;
(C) the term of a member serving a full two- or three-year term on June 30, 2016 shall be extended for an additional period of two years and, subject to subsections (d)(1)(D) and (E) of this Rule, the member may be appointed to a five-year term at the conclusion of the member's extended term;
(D) a member may not serve more than two consecutive full terms, regardless of the length of either term; and
(E) if a member is initially appointed to fill the unexpired term of a former member, and the remainder of the unexpired term is one year or less, the period of consecutive service also may include the remainder of the term of the former member. A period greater than one year shall be considered a full term for the purpose of determining terms of consecutive service.
(2) Members with No Terms.
(A) The Chair and the members appointed from the State Senate and the House of Delegates have no terms and serve at the pleasure of the Supreme Court.
(B) The State Court Administrator has no term.
(e) Reporter and Other Staff. The Court shall appoint a Reporter to the Committee, who also shall serve as the administrative director of the Office of the Rules Committee. Additional staff, which may include assistant reporters, special reporters, and other personnel as may be required to assist the Committee in discharging its responsibilities, shall be as provided in the approved budget of the Committee. The Reporter and any assistant reporter or special reporter shall be a member in good standing of the Maryland Bar.
(f) Open Meetings. The Reporter shall cause to be posted on the Judiciary's website notice of all meetings of the Rules Committee, and, subject to reasonable space limitations, all such meetings shall be open to the public. Minutes shall be kept of all meetings of the Committee, and those minutes shall be available to the public.
(g) Duties of Committee. The Rules Committee shall keep abreast of emerging trends and new developments in the law that may affect practice and procedure in the Maryland courts. It shall review relevant new legislation, Executive initiatives, judicial decisions, and proposals from persons and groups interested in the Maryland judicial system to determine whether any new Rules of Procedure or changes to existing Rules may be advisable. Unless the Supreme Court determines otherwise, every suggestion made to it for the adoption, amendment, or rescission of a Maryland Rule shall be referred to the Rules Committee for consideration.
Source: This Rule is derived in part from former Rule 16-801 (b) (2016) and is in part new.

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 16-701, MD R CTS J AND ATTYS Rule 16-701
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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