Rule 18-437 - Proceedings in Court of Appeals(a)Expedited Consideration. Upon receiving the hearing record file pursuant to Rule 18-435, the Clerk of the Court of Appeals shall docket the case for expedited consideration.(b)Exceptions. The judge may except to the findings, conclusions, or recommendation of the Commission by filing exceptions with the Court of Appeals within 30 days after service of the notice of filing of the record and in accordance with Rule 20-405. The exceptions shall set forth with particularity all errors allegedly committed by the Commission and the disposition sought. A copy of the exceptions shall be served on the Commission in accordance with Rules 1-321 and 1-323. A judge may not file motions or requests for relief in lieu of filing exceptions. Motions shall be resolved by the Commission in accordance with Rule 18-431 (h). If no exceptions are filed, the Supreme Court may treat the findings of fact and conclusions of law as established and proceed to disposition.(c)Response. The Commission shall file a response within 30 days after service of the exceptions in accordance with Rule 20-405. The Commission shall be represented in the Court of Appeals by its Executive Counsel or such other attorney as the Commission may appoint. A copy of the response shall be served on the judge in accordance with Rules 1-321 and 1-323.(d)Memoranda. If exceptions are timely filed, upon the filing of a response or, if no response is filed, upon the expiration of the time for filing it, the Court may set a schedule for filing memoranda in support of or in opposition to the exceptions and any response and shall set a date for a hearing.(e)Hearing. The hearing on exceptions shall be conducted in accordance with Rule 8-522. If no exceptions are timely filed or if the judge files with the Court a written waiver of the judge's right to a hearing, the Court may decide the matter without a hearing.(f)Disposition.(1) The Court of Appeals may (A) impose the disposition recommended by the Commission or any other disposition permitted by law, including an order directing the judge to undergo specified evaluations, participate meaningfully in specified therapeutic, educational, or behavior modification programs, and to make a written apology to specified persons or groups of persons harmed by the judge's misconduct; (B) dismiss the proceeding; or (C) remand for further proceedings as specified in the order of remand.(2) If the disposition includes a suspension of the judge's judicial duties, the order imposing the suspension shall state the duration of the suspension, which may be indefinite or for a fixed period, and whether the suspension (A) is to be with or without compensation, (B) is to be served on consecutive dates, (C) prohibits the judge from conducting any official business during the period of suspension and establishes any parameters or conditions governing the judge's presence in any courthouse location, and (D) is subject to any conditions precedent to reinstatement. Committee note: A judge who has been suspended from the performance of judicial duties does not cease to be a judge by reason of the suspension and remains subject to the Code of Judicial Conduct. Any violation of the Code of Judicial Conduct during the period of suspension may subject the judge to additional charges.
Cross reference: For rights and privileges of the judge after disposition, see Md. Const., Art. IV, § 4B(b).
(g)Order. The decision shall be evidenced by an order of the Court of Appeals, which shall be certified under the seal of the Court by the Clerk. An opinion shall accompany the order or be filed at a later date. Unless the case is remanded to the Commission, the record shall be retained by the Clerk of the Court of Appeals.(h)Compliance with ConditionsIf, pursuant to subsection (f)(1) of this Rule, the Court directs the judge to take certain actions, whether as a condition to reinstatement following a suspension or otherwise, the procedures for monitoring compliance with those directives shall be as set forth in Rule 18-438.
(i)Confidentiality.All proceedings in the Court of Appeals related to charges of disability or impairment shall be confidential and remain under seal unless otherwise ordered by the Court of Appeals.
(j)Public Inspection.Subject to section (h) or any other shielding of confidential material by the Court of Appeals, the Court shall permit public inspection of the record filed with it.
Md. R. Jud. & Judi. Appts. 18-437
This Rule is derived in part from former Rule 18-408(2018) and is in part new.
Adopted May 15, 2019, eff. 7/1/2019; amended June 29, 2020, eff. 8/1/2020; amended March 30, 2021, eff. 7/1/2021; amended July 8, 2021, eff. 10/1/2021; amended Nov. 28, 2023, eff. 1/1/2024.