Rule 18-436 - Consent to Disposition(a)Generally. At any time after completion of an investigation by Investigative Counsel, a judge may consent to: (1) a conditional diversion agreement pursuant to Rule 18-426;(2) a reprimand pursuant to 18-427;(3) suspension or removal from judicial office; or(4) retirement from judicial office pursuant to Rule 18-428.(b) Form of Consent(1)Generally. A consent shall be in the form of a written agreement between (A) the judge and Investigative Counsel if charges were not yet directed to be filed, or (B) the judge and the Commission if charges have been directed to be filed.(2)If Charges Directed to Be Filed. If the agreement is executed after charges have been directed to be filed, it shall contain: (A) an admission by the judge to all or part of the charges or an acknowledgment that there is sufficient evidence from which the Commission could find all or part of the charges sustained;(B) as to the charges admitted, an admission by the judge to the truth of all facts constituting the sanctionable conduct, impairment, or disability as set forth in the agreement;(C) an agreement by the judge to take any corrective or remedial action provided for in the agreement;(D) a consent by the judge to the stated sanction;(E) a statement that the consent is freely and voluntarily given; and(F) a waiver by the judge of the right to further proceedings before the Commission and, unless the Court orders otherwise, to participate in subsequent proceedings before the Court of Appeals. Committee note: If the agreement is entered into after charges were filed and the agreed disposition is one that only the Court of Appeals can make, the agreement must be submitted to the Court for approval under section (c), but under that section, the waiver is deemed withdrawn if the Court rejects the agreement. It is possible that the Court will want to have argument on the question of whether to approve the agreement, and, if it does so, the waiver should not prevent the judge from participating in that argument.
(3)If Charges Not Yet Directed to Be Filed. Unless the consent is to a dismissal accompanied by a letter of cautionary advice or a reprimand, if the agreement is executed before charges have been directed to be filed, it shall contain a statement by the Commission of the charges that would have been filed but for the agreement and the consents and admissions required in subsection (b)(2) of this Rule shall relate to that statement.(c) Submission to Court of Appeals. An agreement for a disposition that can be made only by the Court of Appeals shall be submitted to the Court, which shall either approve or reject the agreement. Until approved by the Court of Appeals, the agreement is confidential and privileged. If the Court approves the agreement and enters the stated disposition, the Commission shall notify the complainant and the agreement shall be made public, except that any portion of the agreement and stated disposition that relates to charges of disability or impairment shall be confidential. If the Court rejects the stated disposition, the proceeding shall resume as if no consent had been given, and all admissions and waivers contained in the agreement are withdrawn and may not be admitted into evidence.Committee note: Because the Commission has the authority, on its own, to dismiss a complaint accompanied by a letter of cautionary advice, to issue a reprimand, and to enter into a conditional diversion agreement, a consent to those dispositions need not be submitted to the Court of Appeals for approval. See, however, Rule 18-407(b)(3).
Md. R. Jud. & Judi. Appts. 18-436
This Rule is derived in part from former Rule 18-407(l) (2018) and is in part new.
Adopted May 15, 2019, eff. 7/1/2019.