RULE 18-441. CASES OF ALLEGED OR APPARENT DISABILITY OR IMPAIRMENT
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2024
Effective: January 1, 2024
MD Rules Judges, Rule 18-441
RULE 18-441. CASES OF ALLEGED OR APPARENT DISABILITY OR IMPAIRMENT
(d) Inability to Defend. Upon a credible allegation by the judge or other evidence that the judge, by reason of physical or mental disability or impairment, is unable to assist in a defense to a complaint of sanctionable conduct, disability, or impairment, the Commission may appoint (1) an attorney for the judge if the judge is not otherwise represented by an attorney, (2) a guardian ad litem, or (3) both.
(e) Interim Measure. If a disability or impairment proceeding is initiated pursuant to section (b) of this Rule, the Commission immediately shall notify the Supreme Court which, after an opportunity for a hearing, may place the judge on temporary administrative leave pending further order of the Court and further proceedings pursuant to the Rules in this Chapter.
(1) The assertion by a judge of the existence of a mental or physical condition or an addiction, as a defense to or in mitigation of an investigation or a charge of sanctionable conduct, or the nonexistence of a mental or physical condition or an addiction, as a defense to an investigation or a charge that the judge has a disability or impairment, constitutes a waiver of the judge's medical privilege and permits:
(B) upon a motion by Investigative Counsel, the Board or the Commission to order the judge to submit to a physical or mental examination by a licensed physician or psychologist designated by Investigative Counsel and direct the physician or psychologist to render a written report to Investigative Counsel. If the judge has asserted the existence of a mental or physical condition or an addiction as a defense to or in mitigation of an investigation or a charge of sanctionable conduct, the cost of the examination and report shall be paid by the judge. Otherwise, it shall be paid by the Commission.
(2) Failure or refusal of the judge to submit to a medical or psychological examination ordered by the Board or the Commission shall preclude the judge from presenting evidence of the results of medical examinations done on the judge's behalf, and the Commission may consider such a failure or refusal as evidence that the judge has or does not have a disability or impairment.
Source: This Rule is new. It is derived, in part, from ABA Model Rules for Judicial Disciplinary Enforcement, Rule 27.
Credits
[Adopted May 15, 2019, eff. July 1, 2019. Amended April 21, 2023, eff. nunc pro tunc April 1, 2023. Amended Nov. 28, 2023, eff. Jan. 1, 2024.]
MD Judges, Rule 18-441, MD R JUDGES Rule 18-441
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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