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RULE 18-442. INTERIM SUSPENSION; ADMINISTRATIVE LEAVE

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 6. Special Proceedings [Rules 18-441 and 18-442]
Effective: January 1, 2024
MD Rules Judges, Rule 18-442
RULE 18-442. INTERIM SUSPENSION; ADMINISTRATIVE LEAVE
(a) Definition. In this Rule, “serious crime” means a crime (A) that constitutes a felony, (B) that reflects adversely on the judge's honesty, trustworthiness, or fitness as a judge, or (C) as determined by its statutory or common law elements, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or an attempt or conspiracy to commit such a crime.
(b) Interim Suspension. The Supreme Court may immediately place a judge on interim suspension pending further order of the Court on its own initiative, or upon written notice by the Commission that (1) the judge has been indicted for a serious crime, (2) as a result of a disciplinary proceeding or a finding of impairment, the judge was ordered by the Court to take certain remedial action or to refrain from certain action or conduct and, after a hearing or the opportunity for a hearing, the Commission found that the judge willfully violated that order, or (3) sufficient information has been received that demonstrates that the continued service of the judge poses an immediate and substantial threat of serious harm to the public, to any person, to the judge, or to the erosion of public confidence in the independence, integrity, or impartiality of the judiciary, or in the orderly administration of justice. An order of interim suspension under this section does not preclude other proceedings or sanctions against the judge.
Committee note: An interim suspension under section (b) of this Rule may be with or without compensation, in whole or in part as directed by the Supreme Court.
(c) Administrative Leave. The Supreme Court may place a judge on interim administrative leave with compensation pending further order of the Court on its own initiative, or upon written notice by the Commission that (1) after the filing of charges against the judge and a hearing or the opportunity for a hearing, the Commission has found that (A) the judge has a disability or is impaired and, at least temporarily, is unable to perform properly the duties of judicial office, or (B) the judge has committed sanctionable conduct warranting a suspension or removal from office, (2) the judge has been charged by indictment or criminal information with criminal misconduct for which incarceration is a permissible penalty and poses a substantial threat of serious harm to the public, to any person, or to the administration of justice, or (3) sufficient information has been received that demonstrates that the continued service of the judge poses an immediate and substantial threat of serious harm to the public, to any person, to the judge, or to the erosion of public confidence in the independence, integrity, or impartiality of the judiciary, or in the orderly administration of justice.
(d) Reconsideration. A judge placed on interim suspension or administrative leave may move for reconsideration.
Source: This Rule is new.

Credits

[Adopted May 15, 2019, eff. July 1, 2019. Amended June 29, 2020, eff. Aug. 1, 2020; April 21, 2023, eff. nunc pro tunc April 1, 2023. Amended Nov. 28, 2023, eff. Jan. 1, 2024.]
MD Judges, Rule 18-442, MD R JUDGES Rule 18-442
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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