Rule 18-431 - Filing of Charges(a) Direction by Commission. After considering the report and recommendation of the Board or Investigative Counsel submitted pursuant to Rule 18-423 and any timely filed response, and upon a finding by the Commission of probable cause to believe that a judge has a disability or impairment or has committed sanctionable conduct, the Commission may direct Investigative Counsel to initiate proceedings against the judge by filing with the Commission charges that the judge has a disability or impairment or has committed sanctionable conduct.(b) Content of Charges. The charges shall (1) state the nature of the alleged disability, impairment, or sanctionable conduct, including each Rule of the Maryland Code of Judicial Conduct allegedly violated by the judge, (2) allege the specific facts upon which the charges are based, and (3) state that the judge has the right to file a written response to the charges within 30 days after service of the charges.(c) Service; Notice. The charges shall be served upon the judge pursuant to Rule 18-404. A return of service of the charges shall be filed with the Commission. Upon service, the Commission shall notify any complainant that charges have been filed against the judge. Cross reference: See Md. Const., Art. IV, 4B(a).
(d) Response. Within 30 days after service of the charges, the judge may file with the Commission an original and 11 copies of a written response or file a response electronically pursuant to Rule 18-404.(e) Notice of Hearing(1)Generally. Upon the filing of a response or, if no response is filed upon expiration of the time for filing one, the Commission shall schedule a hearing and notify the judge of the date, time, and place of the hearing. Unless the judge has agreed to an earlier hearing date, the hearing shall not be held earlier than 60 days after the notice was sent.(2)Sanctionable Conduct. If the hearing is on a charge of sanctionable conduct, the Commission also shall notify the complainant and post a notice on the Judiciary website that is limited to (1) the name of the judge, (2) the date, time, and place of the hearing, (3) the charges that have been filed, and (4) any response from the judge. If the charges also contain allegations of disability or impairment, any information related to those allegations shall be governed by the provisions of subsection (e)(3) and shall not be posted on the Judiciary website or otherwise made public.(3)Disability or Impairment. If the hearing is on a charge of disability or impairment, the Commission shall notify the complainant that charges have been filed and a hearing date has been set, but all other information, including the charges, any response from the judge, and all proceedings before the Commission, shall be confidential.Cross reference: See Rule 18-407(a)(3) concerning the time for posting on the Judiciary website.
(f) Extension of Time. The Commission may extend the time for filing a response and for the commencement of a hearing.(g) Amendment. At any time before the hearing, the Commission on request may allow amendments to the charges or the response. If an amendment to the chages is made less than 30 days before the scheduled hearing, the judge, upon request, shall be given a reasonable time to respond to the amendment and to prepare and present any defense.(h) Open Motions All pretrial motions and motions to dismiss shall be resolved by the Commission prior to the hearing.Md. R. Jud. & Judi. Appts. 18-431
This Rule is derived in part from former Rule 18-407 (a) through (h) (2018) and is in part new
Adopted May 15, 2019, eff. 7/1/2019; amended Nov. 28, 2023, eff. 1/1/2024.