Rule 19-606 - Enforcement of Obligations(a)Notice of Default.(1)Generally. As soon as practicable after February 10 of each year, the Fund shall send electronically a Notice of Default to each attorney who has (1) failed to pay in full (A) the amount due as stated in the invoice, (B) any penalty for late payment, or (C) any charge for a dishonored check or money order, or (2) failed to supply to the Fund a required social security number or federal tax identification number or statement that there is no such number.(2)Form and Content. The Notice of Default shall (A) be on a form created by the State Court Administrator and approved by the Supreme Court, (B) identify the nature of the default and the amount, if any, owed to the Fund, and (C) warn that failure to cure the default will result in the entry of an order by the Supreme Court prohibiting the attorney from practicing law in Maryland.(b)Temporary Suspension.(1)Proposed Order. As soon as practicable after February 10 of each year but no later than March 10, the Fund shall transmit to the Supreme Court a proposed Temporary Suspension Order stating the names and Fund account numbers of those attorneys who failed to cure the default stated in the Notice of Default. The Fund shall furnish to the Court such additional information from its records as the Court directs.(2)Entry of Order. If satisfied that the Fund has given the required Notice of Default, the Supreme Court shall enter a Temporary Suspension Order prohibiting the attorneys who are in default from practicing law in Maryland. The Court shall send electronically a copy of the Order to (A) each suspended attorney named in the Order, (B) the clerks of the Appellate Court, each circuit court, the District Court of Maryland, the Supreme Court of the United States, the U.S. Court of Appeals for the Fourth Circuit, and the U.S. District Court for the District of Maryland and post notice of the Order on the Judiciary website.(3)Effect of Order. An attorney who has been served with a copy of the Temporary Suspension Order and has not been restored to good standing may not practice law in Maryland and shall comply with the requirements of Rule 19-741(c) and (d). In addition to any other remedy or sanction allowed by law, an action for contempt may be brought against an attorney who practices law in violation of a Temporary Suspension Order. An attorney who has been served with a copy of the Temporary Suspension Order and has not been restored to good standing may not practice law in Maryland and shall comply with the requirements of Rule 19-741(c) and (d). In addition to any other remedy or sanction allowed by law, an action for contempt may be brought against an attorney who practices law in violation of a Temporary Suspension Order.
(c)Termination of Temporary Suspension Order.(1)Duty of Trustees. Upon receipt of the attorney's social security number, federal tax identification number or statement that the attorney has no such number, and all amounts due by the attorney, including all related costs prescribed by the Supreme Court or the trustees, the trustees shall: (A) remove the attorney's name from the list of attorneys in default;(B) if a Temporary Suspension Order has been entered, inform the Supreme Court that the social security number, federal tax identification number or statement that the attorney has no such number, and full payment have been received and request the Court to enter an order terminating the attorney's suspension; and(C) if requested by the attorney, confirm that the trustees have complied with the requirements of subsections (c)(1)(A) and (B) of this Rule.(2)Duty of Court. Upon receipt of the notice and request provided for in subsection (c)(1)(B) of this Rule, the Supreme Court shall enter an order terminating the temporary suspension of the attorney and post notice of the Order on the Judiciary website. This Rule is derived from former Rule 16-811.6(2016).
Adopted June 6, 2016, eff. 7/1/2016. Amended Dec. 4, 2018, eff. 1/1/2019; amended July 8, 2021, eff. 10/1/2021; amended April 21, 2023, eff. 4/1/2023.HISTORICAL NOTES
2018 Orders
The December 4, 2018 order amended this Rule to accommodate implementation of the Attorney Information System and to make certain style changes.
Subsection (c)(2) does not affect any other suspension of the attorney.