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RULE 18-202.11. DISQUALIFICATION

West's Annotated Code of MarylandMaryland RulesEffective: [See Text Amendments] to June 30, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 18. Judges and Judicial Appointees
Chapter 200. Maryland Code of Conduct for Judicial Appointees
Rules Governing the Performance of a Judicial Appointee's Duties [Rules 18-202.1 to 18-202.16]
Effective: [See Text Amendments] to June 30, 2024
MD Rules Judges, Rule 18-202.11
RULE 18-202.11. DISQUALIFICATION
Currentness
<Text of Rule 18-202.11 effective until June 30, 2024. See, also, Rule 18-202.11 effective July 1, 2024.>
(a) A judicial appointee shall disqualify himself or herself in any proceeding in which the judicial appointee's impartiality might reasonably be questioned, including the following circumstances:
(1) The judicial appointee has a personal bias or prejudice concerning a party or a party's attorney, or personal knowledge of facts that are in dispute in the proceeding.
(2) The judicial appointee knows that the judicial appointee, the judicial appointee's spouse or domestic partner, or an individual within the third degree of relationship to either of them, or the spouse or domestic partner of such an individual:
(A) is a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party;
(B) is acting as an attorney in the proceeding;
(C) is an individual who has more than a de minimis interest that could be substantially affected by the proceeding; or
(D) is likely to be a material witness in the proceeding.
(3) The judicial appointee knows that he or she, individually or as a fiduciary, or any of the following individuals has a significant financial interest in the subject matter in controversy or in a party to the proceeding:
(A) the judicial appointee's spouse or domestic partner;
(B) an individual within the third degree of relationship to the judicial appointee; or
(C) any other member of the judicial appointee's family residing in the judicial appointee's household.
(4) The judicial appointee, while a judicial appointee or as an applicant for the position, has made a public statement, other than in a court proceeding, decision, or opinion, that commits or appears to commit the judicial appointee to reach a particular result or rule in a particular way in the proceeding or controversy.
(5) The judicial appointee:
(A) served as an attorney in the matter in controversy, or was associated with an attorney who participated substantially as an attorney in the matter during such association; or
(B) served in governmental employment, and in such capacity participated personally and substantially as an attorney or public official concerning the proceeding, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy.
(6) If the judicial appointee is part-time, the judicial appointee or any attorney with whom the judicial appointee is associated represents a party or otherwise has an interest in the proceeding.
(b) A judicial appointee shall keep informed about the judicial appointee's personal and fiduciary economic interests and make a reasonable effort to keep informed about the personal economic interests of the judicial appointee's spouse and minor children residing in the judicial appointee's household.
(c) A judicial appointee subject to disqualification under this Rule, other than for bias or prejudice under subsection (a)(1) of this Rule, may disclose on the record the basis of the judicial appointee's disqualification and may ask the parties and their attorneys to consider, outside the presence of the judicial appointee and court personnel, whether to waive disqualification. If, following the disclosure, the parties and attorneys agree, without participation by the judicial appointee or court personnel, that the judicial appointee should not be disqualified, the judicial appointee may participate in the proceeding. The agreement shall be incorporated into the record of the proceeding.
COMMENT
[1] Under this Rule, a judicial appointee is disqualified whenever the judicial appointee's impartiality might reasonably be questioned, regardless of whether any of the specific provisions of subsections (a)(1) through (5) apply. In this Rule, “disqualification” has the same meaning as “recusal.”
[2] A judicial appointee's obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed.
[3] A judicial appointee should disclose on the record information that the judicial appointee believes the parties or their attorneys might reasonably consider relevant to a possible motion for disqualification, even if the judicial appointee believes there is no basis for disqualification.
[4] This procedure gives the parties an opportunity to waive the recusal if the judicial appointee agrees. The judicial appointee may comment on possible waiver but must ensure that consideration of the question of waiver is made independently of the judicial appointee. A party may act through an attorney if the attorney represents on the record that the party has been consulted and consents. As a practical matter, a judicial appointee may request that all parties and their attorneys sign a waiver agreement.
Source: This Rule is derived from former Rule 2.11 of Rule 16-814 (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016.]
MD Judges, Rule 18-202.11, MD R JUDGES Rule 18-202.11
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document