Md. R. Ct. Admin. 16-1001
The Rules in this Chapter apply to situations in which the Governor has declared an emergency pursuant to Code, Public Safety Article, Title 14 and the emergency or directives issued by the Governor pursuant to the emergency significantly affect access to or the operations of one or more courts or other judicial facilities of the State or the ability of the Maryland Judiciary to operate effectively.
Cross reference: See Code, Public Safety Article, §§ 14-101, 14-3A-01, and 14-302.
The authority granted specifically by these Rules and by Article IV, Section 18 of the Maryland Constitution generally may be exercised, to the extent necessary, by the Chief Justice of the Supreme Court in the event of a natural or other event that significantly disrupts access to or the operations of one or more courts or other judicial facilities of the State or the ability of the Maryland Judiciary to operate effectively.
Committee note: Section (b) is intended to cover situations in which, due to a local event not warranting an emergency declaration by the Governor or possibly a quarantine or isolation order issued by the Secretary of Health on the Secretary's own initiative pursuant to Health-General Article § 18-905, access to or the functioning of one or more courts or other judicial facilities or operations is, or is likely to be, significantly inhibited for a significant period of time.
The Rules in this Chapter are in addition to and supplement the authority of administrative judges granted in other Chapters of this Title and to the Rules in Chapter 1100 of Title 15, but, to the extent of any conflict, the exercise by the Chief Justice of the Supreme Court or a designee of the Chief Justice of any authority provided in this Chapter shall prevail.
Committee note: The Rules in this Chapter are based on three core Constitutional principles:(1) that the Judiciary is a Constitutionally created co-equal branch of the State Government, and, to assure the liberty of the People under both the Maryland and United States Constitutions, must be permitted to operate as effectively and efficiently as possible, even under adverse conditions; (2) the authority of the Supreme Court under Art. IV, § 18(a) of the Md. Constitution to adopt Rules, having the force of law, to govern practice and procedure in, and the administration of, the Maryland courts; and (3) the Constitutional designation of the Chief Justice of the Supreme Court by Art. IV, § 18(b) as the administrative head of the Judicial system of the State. The Rules recognize that, in the event of an emergency declared by the Governor, the authority granted under these Rules must be exercised in harmony with lawful directives of the Governor and other Executive Branch officials to the maximum extent practicable.
Md. R. Ct. Admin. 16-1001
Source: This Rule is new.