(a)When Appropriate. The Commission may issue a reprimand to the judge if, after an investigation by Investigative Counsel and an opportunity for a hearing: (1) the Commission concludes that the judge has committed sanctionable conduct that justifies some form of discipline;(2) the Commission further concludes that the sanctionable conduct was not so serious, offensive, or repetitious as to justify the filing of charges and that a reprimand is an appropriate disposition under the circumstances.(b)Procedure(1) If, after investigation, the Board or Investigative Counsel recommends a reprimand, Investigative Counsel shall serve notice of that recommendation on the judge.(2) Within 30 days after service of the notice, the judge shall serve notice on Investigative Counsel that the judge (A) will not oppose that disposition, (B) will not contest the facts underlying the recommendation but requests a hearing before the Commission on whether a reprimand is a proper disposition, or (C) will contest the facts underlying the recommendation.(3) If the judge agrees to proceed in accordance with subsection (b)(2)(A) or fails to make a timely response, the Commission may issue the reprimand.(4) If the judge agrees to proceed in accordance with subsection (b)(2)(B), the matter shall be transmitted to the Board and the Commission pursuant to Rule 18-423. Proceedings before the Commission shall be on the record but, if the Commission issues the reprimand, those proceedings and the reprimand shall be confidential and not subject to disclosure, except as allowed by Rule 18-407(b).(5) If the judge elects to contest the underlying facts, the matter shall be transmitted to the Board pursuant to Rule 18-423, but proceedings before the Commission and any disposition by the Commission shall be public.(c)Form of Discipline. A reprimand constitutes a form of discipline.(d)Retention of Copy. Investigative Counsel and the Commission shall retain a copy of the reprimand and may consider it if relevant in any subsequent proceeding against the judge.(e)Notice to Complainant. Upon the issuance of a reprimand, the Commission shall notify the complainant that the complaint was brought to the judge's attention and that no public action was taken against the judge.Md. R. Jud. & Judi. Appts. 18-427
This Rule is derived from former Rule 18-406(b) (2018).
Adopted May 15, 2019, eff. 7/1/2019.