Rule 18-604 - Financial Disclosure Statement by Judicial Appointees(a)Definition. In this Rule, "judicial appointee means:(1) a full-time or part-time magistrate;(2) a commissioner appointed by a District Administrative Judge with the approval of the Chief Judge of the District Court, and(3) an auditor or examiner who is full-time or who earns in any calendar year, by reason of the judicial appointee's official position, compensation at least equal to the pay provided for the base step of State Pay Grade 16, as in effect on July 1 of that calendar year. If an auditor or examiner has served as such for only a portion of a calendar year, a pro rata determination of compensation shall be applied.Cross reference: For the definition of judicial appointee for purposes of applying the Maryland Code of Conduct for Judicial Appointees, see Rule 18-200.3.
(b)Requirement. Each judicial appointee shall file with the State Court Administrator a financial statement in the form prescribed by the Court of Appeals.(c)When Due; Period Covered.(1)Generally. Except as provided in subsection (d)(2) of this Rule, the statement shall be filed on or before April 30 of each year and shall cover the preceding calendar year or that portion of the preceding calendar year during which the individual was a judicial appointee, except that a newly appointed judicial appointee or a judicial appointee who leaves office shall file a statement within the time set forth in the instructions to the financial disclosure statement form.(2)Exception. If a judicial appointee who files a certificate of candidacy for nomination for an election to an elected judgeship has filed a statement pursuant to Code, General Provisions Article, § 5-605 or § 5-610(b), the judicial appointee need not file for the same period of time the statement required by this Rule. The State Court Administrator is designated as the individual to receive statements from the State Administrative Board of Election Laws pursuant to Code, General Provisions Article, § 5-610(b).(3)Presumption of Filing. A judicial appointee's financial disclosure statement is presumed to have been filed unless the State Court Administrator, no later than five days after the statement was due, notifies the judicial appointee that the statement for the preceding calendar year or portion thereof was not received.(d)Extension of Time for Filing.(1)Application. Except when the judicial appointee is required to file a statement pursuant to Code, General Provisions Article, § 5-605 or § 5-610(b), a judicial appointee may apply to the State Court Administrator for an extension of time for filing the statement. The application shall be submitted prior to the deadline for filing the statement and shall set forth in detail the reasons an extension is requested and the date when a completed statement will be filed.(2)Decision. For good cause, the State Court Administrator may grant a reasonable extension of time for filing the statement. Whether the request is denied or approved, the State Court Administrator shall furnish the judicial appointee and the Judicial Ethics Committee with a written statement of the reasons for the decision and the facts upon which the decision was based.(3)Review by Judicial Ethics Committee. A judicial appointee may seek review of the State Court Administrator's decision by the Judicial Ethics Committee by filing with the Committee, within ten days after the date of the decision, a statement of reasons for the judicial appointee's dissatisfaction with the decision. The Committee may take the action it deems appropriate with or without a hearing or consideration of additional documents.(e)Failure to File Statement; Incomplete Statement.(1)Notice Referral to Judicial Ethics Committee. The State Court Administrator shall (A) give written notice to each judicial appointee who fails to file a timely statement or who files an incomplete statement, and (B) in the notice, set a reasonable time, not to exceed ten days, for the judicial appointee to file or supplement the statement. If the judicial appointee fails to correct the deficiency within the time allowed, the State Court Administrator shall report the deficiency to the Judicial Ethics Committee.(2)Duties of Committee.(A) After an inquiry, the Committee shall determine whether (i) the judicial appointee was required to file the statement or the omitted information was required to be disclosed, and (ii) if so, whether the failure to file or the omission of the required information was inadvertent or in a good faith belief that the judicial appointee was not required to file the statement or disclose the omitted information.(B) If the Committee determines that the judicial appointee was not required to file the statement or disclose the omitted information, it shall notify the State Court Administrator and the judicial appointee and terminate the inquiry.(C) If the Committee determines that the statement was required to be filed or that the omitted information was required to be disclosed but that the failure to do so was inadvertent or in a good faith belief that the filing or disclosure was not required, the Committee shall send notice of that fact to the State Court Administrator and the judicial appointee and, in the notice, set a reasonable time, not to exceed 15 days, within which to correct the deficiency.(D) If the Committee (i) finds that the statement was required to be filed or that the omitted information was required to be disclosed and that failure to file or disclose the omitted information was not inadvertent or in a good faith belief, or (ii) after notice was given pursuant to subsection (e)(2)(C) of this Rule, the judicial appointee fails to correct the deficiency within the time allowed, the Committee shall report the matter to the State Ethics Commission and notify the State Court Administrator and the judicial appointee that it has done so.(3)Disciplinary Action. A violation of this Rule is grounds for disciplinary action, including removal, by the appointing authority.(f)Public Record. When filed, a financial disclosure statement is a public record.Md. R. Jud. & Judi. Appts. 18-604
This Rule is derived from former Rule 16-816(2016).
Adopted June 6, 2016, eff. 7/1/2016.