Rule 18-307 - Opinion; Letter of Advice(a) Opinion. Except as provided in section (b) of this Rule, the Committee shall render a written opinion in response to each request properly made under Rule 18-306 and decide whether the opinion is to be published or unpublished.(b)Letter of Advice. If the Chair determines that the full Committee cannot provide a timely opinion or that prior published opinions of the Committee render full Committee review unnecessary, the Chair shall appoint a panel of not less than three members of the Committee to issue a written letter of advice, which shall not be published and shall have no precedential effect. Committee note: The Committee is not obliged to issue an opinion or a letter of advice to an individual who is not qualified under Rule 18-306 to request one, who does not seek an opinion limited to an interpretation of the Maryland Code of Judicial Conduct or the Maryland Code of Conduct for Judicial Appointees, or whose request does not state sufficient facts.
(c)Redaction of Opinions. Regardless of whether an opinion is designated for publication, the Chair, on behalf of the Committee, shall ensure that it includes no references to: (1) the individual who requested the opinion,(2) other individuals mentioned in the request, and(3) the specific court and geographic location of the individual who requested the opinion.(d) Filing With State Court Administrator. The Chair shall file with the State Court Administrator every opinion and letter of advice issued by the Committee, whether designated for publication or not.(e)Confidentiality. The following material is confidential and, unless ordered otherwise by the Court of Appeals or required by law, does not constitute public information: (1) a request for an opinion;(2) an opinion of the Committee not designated for publication;(3) preliminary drafts of any opinions considered by the Committee and correspondence, whether written or electronic, to the individual who requested the opinion, or among the Committee's members; and(4) a letter of advice issued by the Committee.Md. R. Jud. & Judi. Appts. 18-307
This Rule is derived in part from subsections (j)(3), (j)(4), and (j)(6) of former Rule 16-812.1(2016) and in part new.
Adopted June 6, 2016, eff. 7/1/2016.