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RULE 18-424. FURTHER INVESTIGATION

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 18. Judges and Judicial Appointees
Chapter 400. Judicial Disabilities and Discipline
Division 3. Administrative Procedure [Rules 18-421 to 18-424]
Effective: January 1, 2024
MD Rules Judges, Rule 18-424
RULE 18-424. FURTHER INVESTIGATION
Currentness
(a) Notice to Judge. Upon a directive for a further investigation by the Board pursuant to Rule 18-423 (c) or by the Commission pursuant to Rule 18-423 (f)(3), Investigative Counsel promptly shall (1) provide the notice and opportunity to respond required by Rule 18-422 (a)(4) and (5) if such notice and opportunity have not already been provided, and (2) notify the judge at the judge's address of record that the Board or Commission has directed a further investigation.
(b) Investigative Subpoenas. The issuance of an investigative subpoena is governed by Rule 18-409.1 (a).
Cross reference: See Code, Courts Article, ยงยง 13-401--403.
(c) Time for Completion of Investigation. Investigative Counsel shall complete a further investigation within the time specified by the Board or Commission. Upon application by Investigative Counsel to the Board or Commission, whichever entity authorized the further investigation, made within that period and served by first class mail upon the judge or the judge's attorney of record, the Chair of the Board or Commission, for good cause, may extend the time for completing the further investigation for a specified reasonable time. An order extending the time for good cause shall be in writing and shall articulate the basis of the good cause. The Commission may dismiss the complaint and terminate the investigation for failure to complete the investigation within the time allowed.
(d) Report and Recommendation.
(1) Duty to Make. Within the time for completing the further investigation, Investigative Counsel shall make a report of the results of the investigation to the Board or Commission, whichever authorized the further investigation, in the form the Commission requires.
(2) Contents. Unless the material already has been provided, Investigative Counsel shall include in the report or attach to it any response or other information provided by the judge pursuant to section (a) of this Rule or Rule 18-422 (a)(5). The report shall be in the form required by Rule 18-422 (b)(2) and include a statement that the investigation indicates probable disability, probable impairment, probable sanctionable conduct, any of them, or none of them, together with one of the following recommendations:
(A) dismissal of any complaint, without a letter of cautionary advice;
(B) dismissal of any complaint, with a letter of cautionary advice;
(C) a conditional diversion agreement;
(D) a reprimand;
(E) the filing of charges; or
(F) retirement of the judge based upon a finding of disability.
(3) Recipients. If the further investigation was directed by the Board, Investigative Counsel shall send a copy of the entire report to the Board and a copy of Parts 1 and 3 to the judge. If the further investigation was directed by the Commission, a copy of Parts 1 and 3 shall be sent to the Commission and the judge.
Source: This Rule is in part new and in part derived from former Rule 18-405 (2018).

Credits

[Adopted May 15, 2019, eff. July 1, 2019. Amended Nov. 28, 2023, eff. Jan. 1, 2024.]
MD Judges, Rule 18-424, MD R JUDGES Rule 18-424
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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