RULE 18-102.9. EX PARTE COMMUNICATIONS (ABA RULE 2.9)
West's Annotated Code of MarylandMaryland Rules
MD Rules Judges, Rule 18-102.9
RULE 18-102.9. EX PARTE COMMUNICATIONS (ABA RULE 2.9)
(4) A judge may consult with court staff and court officials whose functions are to aid the judge in carrying out the judge's adjudicative responsibilities, or with other judges, provided the judge does not decide a case based on adjudicative facts that are not made part of the record, and does not abrogate the responsibility personally to decide the matter.
Cross reference: See Comment [1] to Rule 18-103.9, permitting a judge to engage in prehearing and settlement conferences.
(6) When serving in a problem-solving court program of a circuit court or the District Court pursuant to Rule 16-207, a judge may initiate, permit, and consider ex parte communications in conformance with the established protocols for the operation of the program if the parties have expressly consented to those protocols.
COMMENT
[1] To the extent reasonably possible, all parties or their attorneys shall be included in communications with a judge.
[2] Whenever the presence of a party or notice to a party is required by this Rule, it is the party's attorney, or if the party is self-represented, the party, who is to be present or to whom notice is to be given.
[3] The proscription against communications concerning a proceeding includes communications with attorneys, law teachers, and other persons who are not participants in the proceeding, except to the limited extent permitted by this Rule.
[4] A judge may consult with other judges on pending matters, including a senior judge, but must avoid ex parte discussions of a case with judges who have previously been disqualified from hearing the matter, and with judges who have appellate jurisdiction over the matter.
[5] The prohibition against a judge investigating adjudicative facts in a matter extends to information available in all mediums, including electronic.
[6] A judge may consult ethics advisory committees, outside counsel, or legal experts concerning the judge's compliance with this Code. Such consultations are not subject to the restrictions of subsection (a)(2) of this Rule.
Committee note: This Rule does not regulate judicial notice of so-called “legislative facts” (facts pertaining to social policy and their ramifications) or of law.
Cross reference: See Rule 5-201.
Source: This Rule is derived from former Rule 2.9 of Rule 16-813 (2016).
Credits
[Adopted June 6, 2016, eff. July 1, 2016. Amended June 20, 2017, eff. Aug. 1, 2017.]
MD Judges, Rule 18-102.9, MD R JUDGES Rule 18-102.9
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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