RULE 18-421. COMPLAINTS; PROCEDURE ON RECEIPT
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2024
Effective: January 1, 2024
MD Rules Judges, Rule 18-421
RULE 18-421. COMPLAINTS; PROCEDURE ON RECEIPT
(b) Allegations that Fail to Allege Disability, Impairment, or Sanctionable Conduct. If Investigative Counsel concludes that the allegations presented, even if proved, would fail to constitute a cognizable basis for a complaint, as defined in Rule 18-402 (h), Investigative Counsel shall notify the complainant and the Commission, in writing, that the allegations presented were considered and found not to constitute a meritorious complaint that should be pursued and the reasons for that conclusion.
Committee note: Section (b) of this Rule does not preclude Investigative Counsel from communicating with the complainant or making an inquiry under section (f) of this Rule in order to clarify general or ambiguous allegations that may suggest a disability, impairment, or sanctionable conduct. Investigative Counsel's conclusion under this section may be based on a finding that the allegations presented are facially frivolous or otherwise factually unfounded, or, even if true, fail to establish a disability, impairment, or sanctionable conduct on the part of the judge, or is duplicative of an existing complaint against the judge being pursued by Investigative Counsel.
(1) Except as provided by section (f) of this Rule, the Commission may not act upon a written allegation of disability, impairment, or misconduct, unless it is a complaint. If a written allegation, liberally construed, alleges facts indicating that a judge may have a disability or impairment or may have committed sanctionable conduct but is not under oath or supported by an affidavit, Investigative Counsel, if possible, shall (A) inform the complainant that the Commission acts only upon complaints under oath or supported by an affidavit, (B) provide the complainant with an appropriate form of affidavit, and (C) inform the complainant that unless a complaint under oath or supported by an affidavit is filed within 30 days after the date of the notice, the matter may be dismissed.
(2) If, after Investigative Counsel has given the notice provided for in subsection (c)(1) of this Rule or has been unable to do so, the complainant fails to file a timely complaint under oath or supported by an affidavit, Investigative Counsel may dismiss the matter and notify the complainant and the Commission, in writing, that a written allegation of disability, impairment, or misconduct was filed and dismissed and the reasons for the dismissal.
(1) Subject to subsection (d)(3) of this Rule, if a complaint alleges acts or omissions that all occurred more than three years prior to the date the complaint was filed, Investigative Counsel, after notice to the judge, if the judge has requested notice pursuant to Rule 18-422 (a)(4)(A), may make a recommendation to the Board whether, in light of the staleness, there is good cause to investigate the complaint.
(2) If the Board concludes that there is no good cause for any further investigation, it shall direct that the complaint be dismissed. If the Board concludes otherwise, it shall direct Investigative Counsel to proceed in accordance with section (e) of this Rule. In making that determination, the Board shall weigh any prejudice to the judge against the seriousness of the conduct alleged in the complaint.
Committee note: In contrast to dismissal of a complaint under Rule 18-423 (f)(3), which requires action by the Commission, Investigative Counsel may dismiss an allegation of disability, impairment, or sanctionable conduct under this Rule when, for the reasons noted, the allegation fails to constitute a complaint. Subject to sections (c) and (f) of this Rule, if there is no cognizable complaint, there is no basis for conducting an investigation.
Source: This Rule is derived from former Rule 18-404 (a) through (d) (2018).
(e) Opening File on Receipt of Complaint. Subject to section (f) of this Rule, Investigative Counsel shall docket each properly filed complaint by opening a numbered file on the complaint and promptly in writing (1) acknowledging receipt of the complaint and (2) explaining to the complainant the procedure for investigating and processing the complaint.
(f) Inquiry. Upon receiving information from any source indicating that a judge may have a disability or impairment or may have committed sanctionable conduct, Investigative Counsel may make an inquiry. An inquiry may include obtaining additional information from a complainant and any potential witnesses, reviewing public records, obtaining transcripts of court proceedings, and communicating informally with the judge. Following the inquiry, Investigative Counsel shall (1) conclude the inquiry and dismiss any complaint in conformity with section (b) of this Rule or (2) open a file, proceed as if a complaint had been properly filed, and undertake an investigation in accordance with Rule 18-422.
Source: This Rule is derived from former Rule 18-404 (a) through (d) (2018).
Credits
[Adopted May 15, 2019, eff. July 1, 2019. Amended Nov. 28, 2023, eff. Jan. 1, 2024.]
MD Judges, Rule 18-421, MD R JUDGES Rule 18-421
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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