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RULE 18-435. COMMISSION FINDINGS AND ACTION

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 18. Judges and Judicial Appointees
Chapter 400. Judicial Disabilities and Discipline
Division 5. Filing of Charges; Proceedings Before Commission [Rules 18-431 to 18-438]
Effective: April 1, 2023
MD Rules Judges, Rule 18-435
RULE 18-435. COMMISSION FINDINGS AND ACTION
Currentness
(a) Finding of Disability. If the Commission finds that the judge has a disability, it shall refer the matter to the Supreme Court, whether or not the Commission also finds that the judge committed sanctionable conduct.
(b) Finding of Impairment. If the Commission finds that the judge has an impairment and a conditional diversion agreement has not been signed pursuant to Rule 18-426, the Commission shall refer the matter to the Supreme Court, whether or not the Commission also finds that the judge committed sanctionable conduct.
(c) Finding of Sanctionable Conduct. If the Commission finds that the judge has committed sanctionable conduct and that dismissal, with or without a letter of cautionary advice, or a conditional diversion agreement is not appropriate but does not find that the judge has a disability or impairment, it shall either issue a reprimand to the judge, if the proceeding was conducted pursuant to Rule 18-427 (b)(2)(A) or (B), or refer the matter to the Supreme Court.
(d) Finding of No Disability, Impairment, or Sanctionable Conduct. If the Commission finds that the judge does not have a disability or impairment and did not commit sanctionable conduct, it shall dismiss the charges with or without a letter of cautionary advice and terminate the proceeding.
(e) Duties of Commission on Referral to Supreme Court. If the Commission refers the case to the Supreme Court, the Commission shall:
(1) make written findings of fact and conclusions of law with respect to the issues of fact and law in the proceeding, state its recommendations, and enter those findings and recommendations in the record;
(2) cause a transcript of all proceedings at the hearing to be prepared and included in the record;
(3) make the transcript available for review by the judge and the judge's attorney or, at the judge's request, provide a copy to the judge at the judge's expense;
Cross reference: See Rule 18-408.
(4) file with the Supreme Court, under seal if related to charges of disability or impairment, the entire hearing record, which shall be certified by the Chair of the Commission and shall include the transcript of the proceedings, all exhibits and other papers filed or marked for identification in the proceeding, and all dissenting or concurring statements by Commission members;
(5) promptly serve on the judge pursuant to Rule 18-404 notice of the filing of the record and a copy of the findings, conclusions, and recommendations and all dissenting or concurring statements by Commission members; and
(6) if the Commission has made a finding that the judge did or did not commit sanctionable conduct, notify the complainant and post on the Judiciary website a notice that contains the Commission's finding of sanctionable conduct or no sanctionable conduct and any written findings of fact, conclusions of law, and recommendation as to a proposed sanction, if any.
(f) Confidentiality upon Finding as to Disability or Impairment. If the Commission has made a finding that the judge is or is not disabled or impaired, the Commission's findings of fact, conclusions of law, and recommendation shall remain confidential, except that the Commission may notify the complainant of the finding pursuant to 18-425, 18-426, and 18-427.
Source: This Rule is derived in part from former Rule 18-407(j) and (k) (2018) and is in part new.

Credits

[Adopted May 15, 2019, eff. July 1, 2019. Amended April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Judges, Rule 18-435, MD R JUDGES Rule 18-435
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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