The following definitions apply in this Chapter except as otherwise expressly provided or as necessary implication requires:
(a) Address of Record. "Address of record" means (1) if a judge is an attorney, the address that the judge has designated as the judge's preferred address in the Attorney Information System (AIS), and (2) if the judge is not an attorney, the judge's current home address or another address designated in writing by the judge. Committee note: All judges of the Court of Appeals, the Court of Special Appeals, the circuit courts, and the District Court are attorneys. Some judges of the Orphans' Courts are not attorneys.
Cross reference: For the obligation of a judge who is an attorney to register with AIS and keep the registration information current, see Rule 19-802. See Rule 18-407(a)(1) concerning confidentiality of a judge's home address.
(b) Board. "Board means the Judicial Inquiry Board appointed pursuant to Rule 18-412.(c) Censure. "Censure means a formal public sanction by the Court of Appeals based on a finding that the judge committed sanctionable conduct that justifies more than a reprimand but was not so egregious as to justify suspension or removal.(d) Charges. "Charges means the charges filed with the Commission by Investigative Counsel pursuant to Rule 18-431.(e) Commission. "Commission means the Commission on Judicial Disabilities created by Art. IV, § 4A of the Maryland Constitution.(f) Commission Record. "Commission record means all documents pertaining to the judge who is the subject of charges that are filed with the Commission or made available to any member of the Commission and the record of all proceedings conducted by the Commission with respect to that judge.(g) Complainant. "Complainant means a person who has filed a complaint, and in Rule 18-421 (a), "complainant also includes a person who has filed a written allegation of misconduct by, or disability or impairment of, a judge that is not under oath or supported by an affidavit.(h)Complaint. "Complaint means a written communication under oath or supported by an affidavit alleging that a judge has a disability or impairment or has committed sanctionable conduct. Committee note: The complainant may comply with the affidavit requirement of this section by signing a statement in the following form: "I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information, and belief. It is not required that the complainant appear before a notary public.
(i)Disability. "Disability means a mental or physical disability that seriously interferes with the performance of a judge's duties and is, or is likely to become, permanent. Cross reference: See Md. Const., Art. IV, § 4B.
(j) Impairment; Impaired. "Impairment or "impaired means a mental or physical condition, including an addiction, that has seriously interfered with the performance of a judge's duties but may be remediable and, if remedied, is not likely to become permanent.(k) Judge. "Judge means (1) a judge of the Court of Appeals, the Court of Special Appeals, a circuit court, the District Court, or an orphans' court, and (2) includes a senior judge. Cross reference: See Md. Const., Art. IV, § 3A and Code, Courts Article, § 1-302.
(l) Reprimand. "Reprimand means an informal private sanction imposed by the Commission pursuant to Rule 18-427 for sanctionable conduct that does not justify either dismissal of a complaint or censure, suspension or removal.(m) Sanctionable Conduct.(1) "Sanctionable conduct means misconduct while in office, the persistent failure by a judge to perform the duties of the judge's office, or conduct prejudicial to the proper administration of justice. A judge's violation of any of the provisions of the Maryland Code of Judicial Conduct promulgated by Title 18, Chapter 100 may constitute sanctionable conduct.(2) Unless the conduct is occasioned by fraud or corrupt motive or raises a substantial question as to the judge's fitness for office, "sanctionable conduct does not include: (A) making an erroneous finding of fact, reaching an incorrect legal conclusion, or misapplying the law; or(B) failure to decide a matter in a timely fashion unless such failure is habitual.Md. R. Jud. & Judi. Appts. 18-402
This Rule is derived from former Rule 18-401(2018).
Adopted May 15, 2019, eff. 7/1/2019; amended March 30, 2021, eff. 7/1/2021. Sanctionable conduct does not include a judge's simply making legally erroneous decisions in particular cases.
Md. Const., Art. IV, § 4B(b)(1). For powers of the Commission in regard to any investigation or proceeding under § 4B of Article IV of the Constitution, see Code, Courts Article, §§ 13-401 through 13-403.