Md. R. Ct. Admin. 16-913
Cross reference: See Rule 4-312(d).
Cross reference: See Rule 4-312(d).
Cross reference: See Code, Courts Article, § 8-105.
Except as otherwise permitted by the PIA or by this Rule, a custodian shall deny to a person, other than the person who is the subject of the record, inspection of the personnel records of an employee of the court, other judicial agency, or special judicial unit, or of an individual who has applied for employment with the court, other judicial agency, or special judicial unit.
The following records or information are not subject to this exclusion and, unless sealed or otherwise shielded pursuant to the Maryland Rules or other law, shall be open to inspection:
Committee note: Although a judicial record that has become a case record is not subject to the exclusion under section (d) of this Rule, it may be subject to sealing or shielding under other Maryland Rules or law.
Unless inspection is permitted under the PIA or the record has become a case record, a custodian shall deny inspection of a retirement record of an employee of the court, other judicial agency, or special judicial unit.
A custodian shall deny inspection of an administrative record that is:
Cross reference: For judicial or other professional work product, see Rule 16-911(d).
A custodian shall deny inspection of judicial records prepared by, for, or on behalf of a unit of the Maryland Judiciary for use in the education and training of Maryland judges, magistrates, clerks, and other judicial personnel.
Inspection of judicial records in the form of procurement documents shall be governed exclusively by the Procurement Policy of the Judiciary approved by the Chief Justice of the Supreme Court and posted on the Judiciary website. This Rule applies whether the procurement is funded by the federal, State, or local government.
A custodian may deny inspection of all or any part of an interagency or intra-agency letter or memorandum that would not be available by law to a private party in litigation with the custodian or the unit in which the custodian works
A custodian shall deny inspection of all or any part of a judicial record maintained in connection with a participant in a problem-solving court program operating pursuant to Rule 16-207 that is not contained in a case record.
Committee note: Problem-solving court programs often provide for professionals in various fields working with a judge or other judicial official as a team to deal with participants in the program. That may result in the judge or other judicial official coming into possession of documents that identify the participant and contain sensitive information about the participant - health information, school records, drug testing, psychological evaluations. Some of that information may ultimately end up as a case record, and, if it does, public inspection will be determined by the Rules governing access to case records. To the extent the information does not become a case record but is used in private discussions among the therapy team, it will be shielded under this Rule, even though it also may be shielded under other Rules as well. Subsection (h)does not apply to judicial records regarding the creation, governance, or evaluation of problem-solving court programs that do not identify participants.
A custodian shall deny inspection of notes, memoranda, and minutes of a meeting of a judicial committee, subcommittee, or work group that is not a public body as defined in Code, General Provisions Article, § 3-101.
Committee note: There exist committees, subcommittees, or work groups that are sub-units within a larger judicial entity that constitutes a public body as defined in Code, General Provisions Article, § 3-101. The predominant function of those committees, subcommittees, and work groups is to investigate issues within their jurisdiction and develop recommendations for the parent entity to consider. The committees, subcommittees, and work groups are not "public bodies" subject to the Open Meetings Law, as they do not meet the definition of that term in Code, General Provisions Article, § 3-101(h). They therefore are permitted, as a matter of judicial policy, to hold meetings not open to the public and are not required to keep minutes of their meetings. It is not uncommon, however, for a committee, subcommittee, or work group member or staff person to keep notes of what occurred at meetings of those committees, subcommittees, or work groups and to circulate them to their members. Those notes, whether or not designated as minutes, represent the author's perception of what was discussed or what occurred and are in the nature both of the author's work product and an intra-agency memorandum. Section (i) of this Rule clarifies that those notes or memoranda, whether or not in the form of minutes, are not required to be open to public inspection. Any recommendations or decisions of the committee, subcommittee, or work group submitted to and considered by the parent body will be reflected in the minutes of the parent body, subject to any exceptions allowed in these Rules.
Md. R. Ct. Admin. 16-913
This Rule is derived in part from former Rule 16-905(2019) and in part from Code, General Provisions Article, § 4-344, and in part is new. See also Stromberg Metal Works, Inc. v. University of Maryland, 382 Md. 151, 163 (2004).