Md. R. Ct. Admin. 16-932

As amended through October 15, 2024

Rule 16-932 - Administrative Review

(a) Definition

In this Rule, "administrative judge" includes the chief Chief Justice of the Supreme Court, the Chief Judge of the Appellate Court, and the chief judge of an orphans' court.

(b) Generally

(1) This Rule does not apply to disputes concerning a judicial record of a Special Judicial Unit. Review of a decision involving a judicial record of a Special Judicial Unit shall be pursuant to Rule 16-933.

(2) Except as provided in section (d) of this Rule, if a custodian denies a request for the creation or inspection of a judicial record, fails to respond to such a request within the time allowed by these Rules for a response, or proposes to charge a fee for producing the record that the requester believes is inappropriate, the requester may file a request for administrative review pursuant to this Rule. A person aggrieved by the custodian's decision is not required to seek administrative review under this Rule but may proceed directly under Rule 16-933.

(3) Time; Form; Service; Content

The request for review pursuant to this Rule shall be filed within 30 days after the custodian's final decision. It shall be in writing and served on the custodian. The request shall identify the judicial record requested and shall set forth with particularity the reasons why the custodian's decision was incorrect.

(4) Response; Burden

The custodian shall file a written response within 30 business days after service of the request and shall have the burden of (A) sustaining the decision to deny inspection, production, or creation of the requested judicial record or to delay a decision on the request, and (B) justifying the proposed fee, if that is in dispute.

(c) Dispute Over Case, Notice, or License Record

(1) Where Filed

If the dispute concerns a case record, notice record, or license record filed in a court, the request shall be filed in the court where the judicial record was filed and shall be addressed to the administrative judge of that court.

(2) Docketing; Fee Waived

The clerk shall docket the request as a miscellaneous filing for administrative review by the administrative judge and not as a judicial proceeding. No fee shall be charged for filing or processing the request.

(3) Proceeding before Administrative Judge

(A) If the dispute is whether the requested record is subject to inspection, the administrative judge may direct the custodian to produce the judicial record for in camera review.

(B) Unless there is a genuine dispute of material fact that indicates the need for an evidentiary hearing, the administrative judge may decide the matter based on the written request, response, and, if produced for in camera inspection, inspection of the judicial record, without a hearing.

(C) The administrative judge shall give expedited consideration of the matter and render a decision within 30 business days after receiving the custodian's response, or if a hearing is held, within 30 business days after the conclusion of the hearing. The decision shall be in the form of a written administrative order and shall constitute the final administrative decision in the matter.

(d) Dispute over Administrative Record of Which a Judge Is Custodian

If the dispute is over an administrative record of which a judge, other than an administrative judge, is the custodian, the request for administrative review shall be addressed to the administrative judge of the court. If the dispute is over an administrative record of which the administrative judge is the custodian, there shall be no administrative review, but the requester may seek judicial review pursuant to Rule 16-933.

Committee note: When acting solely in the capacity of custodian, the judge's decision is an administrative, not a judicial one, and is subject to review by the administrative judge, who has general supervision over the judges of the court. See Rule 16-105(b)(1). Where the custodial judge is the administrative judge, however, the problem of administrative review is more difficult. Of the various options considered, the Court has decided to allow further review to be through a judicial proceeding pursuant to Rule 16-933.

(e) Creation of Judicial Records; Other Administrative Records; Proposed Fees

If the dispute is over the creation of a judicial record pursuant to Rule 16-919, the inspection of an administrative record other than one subject to section (d) of this Rule, or a proposed fee, the request shall be filed with the SCA who, personally or through a designee, shall proceed in accordance with the procedures set forth in subsection (c)(3) of this Rule and make the final administrative decision.

Md. R. Ct. Admin. 16-932

This Rule is new.

Adopted June 29, 2020, eff. 8/1/2020; amended April 21, 2023, eff. 4/1/2023.