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RULE 18-423. PROCEEDINGS BEFORE BOARD; REVIEW BY COMMISSION

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 18-423
RULE 18-423. PROCEEDINGS BEFORE BOARD; REVIEW BY COMMISSION
Currentness
(a) Review of Investigative Counsel's Report. The Board shall review the reports and recommendations made to the Board by Investigative Counsel and any matters referred to it by the Commission pursuant to these Rules.
Cross reference: See Rule 18-425 (a).
(b) Informal Meeting with Judge; Peer Review
(1) Generally. The Board may meet informally with the judge.
(2) Peer Review.
(A) As part of or in furtherance of that meeting, the Chair of the Board, with the consent of the judge, may convene a peer review panel consisting of not more than two judges who serve or have served on the same level of court upon which the judge sits to confer with the judge about the complaint and suggest options for the judge to consider. The judges may be incumbent judges or senior judges.
(B) The discussion may occur in person or by telephone or other electronic conferencing but shall remain informal and confidential. The peer review panel (i) shall have no authority to make any findings or recommendations, other than to the judge; (ii) shall make no report to Investigative Counsel, the Board, or the Commission; and (iii) may not testify regarding the conference with the judge before the Commission or in any court proceeding.
(C) The Commission may refer the matter to the Board to convene a peer review panel pursuant to subsection (b)(2) of this Rule.
Committee note: The peer review panel is not intended as either an arbitrator or a mediator but, as judicial colleagues, simply to provide an honest and neutral appraisal for the judge to consider.
(c) Further Investigation. The Board may direct Investigative Counsel to make a further investigation pursuant to Rule 18-424.
(d) Board's Report to Commission
(1) Contents
(A) After considering Investigative Counsel's report and recommendation, the Board shall submit a report to the Commission. The Board shall include in its report the recommendation made to the Board by Investigative Counsel. Subject to subsection (d)(2) of this Rule, the report shall include one of the following recommendations:
(i) dismissal of any complaint, without a letter of cautionary advice pursuant to Rule 18-425 (a) and termination of any investigation;
(ii) dismissal of any complaint, with a letter of cautionary advice pursuant to Rules 18-425 (b) or 18-436;
(iii) a conditional diversion agreement pursuant to Rules 18-426 or 18-436;
(iv) a reprimand pursuant to Rules 18-427 or 18-436;
(v) retirement of the judge pursuant to Rule 18-428; or
(vi) upon a determination of probable cause that the judge has a disability or impairment or has committed sanctionable conduct, the filing of charges pursuant to Rule 18- 431.
(B) The information transmitted by the Board to the Commission shall be limited to a proffer of evidence that the Board has determined would likely be admitted at a plenary hearing before the Commission. The Chair of the Board may consult with the Chair of the Commission in determining the information to be transmitted to the Commission.
(2) Time for Submission of Report.
(A) Generally. Unless the time is extended by the Chair of the Commission for good cause, the Board shall submit the report within 45 days after the date the Board received Investigative Counsel's report and recommendation.
(B) Extension. Upon a written request by the Chair of the Board, the Chair of the Commission may grant a reasonable extension of time for submission of the report. An order extending the time shall be in writing and shall articulate the nature of the good cause.
(C) Failure to Submit Timely Report. If the Board fails to submit a report within the time allowed, the Chair of the Commission shall direct Investigative Counsel to create and submit a report that conforms to the requirements of subsections (d)(1) and (2) of this Rule, subject to Rule 18-422 (b)(2), and refer the matter to the Commission, which may proceed, using the report as submitted by Investigative Counsel in accordance with this provision.
(D) Copy to Investigative Counsel and Judge. Upon receiving the report and recommendation, the Commission promptly shall transmit a copy of it, including any appendices or memoranda attached to it, to Investigative Counsel and to the judge.
(e) Filing of Response. Investigative Counsel and the judge may file with the Commission a written response to the Board's report and recommendation. Unless the Chair of the Commission, Investigative Counsel, and the judge agree to an extension, any response shall be filed within 15 days after the date the Commission transmitted copies of the report and recommendation to Investigative Counsel and the judge if the recommendation is a dismissal, with or without a letter of cautionary advice, and within 30 days after that date in all other cases.
(f) Action by Commission on Board Report and Recommendation.
(1) Review. The Commission shall review the report and recommendation and any timely filed responses.
(2) Appearance by Judge. Upon written request by the judge, with a copy to Investigative Counsel, the Commission may permit the judge to appear before the Commission on reasonable terms and conditions established by the Commission.
Committee note: This review and any appearance by the judge is not an evidentiary hearing. That is provided for in Rule 18-434 after charges have been filed. It is only for the Commission to determine whether to direct that charges be filed against the judge or some other action set forth in subsection (f)(3) should be taken.
(3) Disposition. Upon its review of the report and recommendation and any timely filed responses and consideration of any evidence or statement by the judge pursuant to subsection (f)(2) of this Rule, the Commission shall:
(A) direct Investigative Counsel to conduct a further investigation pursuant to Rule 18-424;
(B) remand the matter to the Board: (i) for further consideration and direct the Board to file a supplemental report within a specified period of time; or (ii) for the Board to convene a peer review panel pursuant to section (b) of this Rule if a peer review was not previously conducted;
(C) dismiss the complaint pursuant to Rule 18-425, with or without a letter of cautionary advice;
(D) enter a disposition pursuant to Rule 18-426, 18-427, or 18-428;
(E) enter an appropriate disposition to which the judge has filed a written consent in accordance with the Rules in this Chapter, including a disposition under 18-436; or
(F) direct Investigative Counsel to file charges pursuant to Rule 18-431.
Source: This Rule is derived in part from former Rule 18-404 (h) through (l) (2018) and is in part new.

Credits

[Adopted May 15, 2019, eff. July 1, 2019. Amended Nov. 28, 2023, eff. Jan. 1, 2024.]
MD Judges, Rule 18-423, MD R JUDGES Rule 18-423
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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