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

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 400. Circuit Courts--Clerks' Offices
Effective: April 1, 2023
MD Rules, Rule 16-401
(a) Chief Deputy Clerk.
(1) Appointment. The clerk of each circuit court may appoint a chief deputy clerk for that court. The appointment is not subject to section (b) of this Rule.
(2) Tenure. Subject to subsection (a)(3) of this Rule, a chief deputy clerk serves at the pleasure of the clerk.
(3) Approval of Chief Justice. The appointment, retention, and removal of a chief deputy clerk shall be subject to the approval of the Chief Justice of the Supreme Court, after consultation with the County Administrative Judge and the State Court Administrator.
(b) Other Employees.
(1) Authorization to Fill Vacancy. If a vacancy occurs in a clerk's office, the clerk shall seek authorization from the State Court Administrator to fill the vacancy.
(2) Personnel System.
(A) Generally. The selection and appointment of other employees in the clerk's office and the promotion, classification and reclassification, transfer, demotion, suspension, discharge, and other discipline of such employees shall be subject to and conform with the standards and procedures set forth in a personnel system developed by the State Court Administrator and approved by the Chief Justice of the Supreme Court. The personnel system shall (i) provide for equal opportunity, (ii) be based on merit principles, (iii) include appropriate job classifications and compensation scales, and (iv) include a grievance procedure in conformance with subsection (b)(2)(B) of this Rule.
(B) Grievance Procedure. The clerk shall resolve a grievance within the clerk's office, but the grievance procedure shall permit an aggrieved party to appeal from the decision of the clerk to the State Court Administrator or his or her designee. The decision of the State Court Administrator or designee shall constitute the final administrative decision. During the pendency of an appeal, the State Court Administrator may grant interim relief which, after consultation with the county administrative judge of each affected court, may include a transfer of an employee.
Committee note: The State Court Administrator may seek appropriate judicial relief to enforce a final determination and directive. See Rule 1-201 (a).
(3) Review for Compliance. The State Court Administrator may review the selection, promotion, or discipline of an employee to ensure compliance with the standards and procedures in the personnel system.
(c) Certain Deputy Clerks. Individuals who were serving as deputy clerks on July 1, 1991 and who qualify for pension rights under Code, State Personnel and Pensions Article, ยง 23-404 shall hold over as deputy clerks but shall have no fixed term and shall be subject to the personnel system established pursuant to section (b) of this Rule.
(d) Payroll and Time Sheets. The Administrative Office of the Courts shall prepare forms for the payroll and time and attendance reports for the clerks' offices. The clerks shall submit the information and documentation the Administrative Office requires on the forms.
Source: This Rule is derived from former Rule 16-301 (2016).


[Adopted June 6, 2016, eff. July 1, 2016. Amended April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 16-401, MD R CTS J AND ATTYS Rule 16-401
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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