Rule 18-407 - Confidentiality(a)Generally. Except as otherwise expressly provided by these Rules, proceedings and information relating to a complaint or charges shall be open to the public or confidential and not open to the public, as follows: (1)Judge's Address and Identifying Information. The judge's current home address and personal identifying information not otherwise public shall remain confidential at all stages of proceedings under these Rules. Any other address of record shall be open to the public if the charges and proceedings are open to the public.(2)Complaints; Investigations; Disposition Without Charges. Except as otherwise required by Rules 18-425, 18-426, and 18-427, all proceedings under Rules 18-421, 18-428, and 18-441 shall be confidential.(3)Upon Resignation, Voluntary Retirement, Filing of a Response, or Expiration of the Time for Filing a Response. Charges alleging sanctionable conduct and all subsequent proceedings before the Commission on those charges shall be open to the public upon the first to occur of (A) the resignation or voluntary retirement of the judge, (B) the filing of a response by the judge to the charges, or (C) expiration of the time for filing a response. Charges alleging disability or impairment and all proceedings before the Commission on them shall be confidential.(4)Work Product, Proceedings, and Deliberations. Except to the extent admitted into evidence before the Commission, the following matters shall be confidential: (A) Investigative Counsel's work product and, subject to Rules 18-422(b)(3)(A), 18-424(d)(3) and 18-433(c), reports prepared by Investigative Counsel not submitted to the Commission; (B) proceedings before the Board, including any peer review proceeding; (C) any materials reviewed by the Board during its proceedings that were not submitted to the Commission; (D) deliberations of the Board and Commission; and (E) records of the Board's and Commission's deliberations.(5)Proceedings in the Court of Appeals. Unless otherwise ordered by the Court of Appeals, the record of Commission proceedings filed with that Court and any proceedings before that Court on charges of sanctionable conduct shall be open to the public. The record of Commission proceedings filed with that Court and any proceedings before that Court on charges of disability or impairment shall be confidential. An order of retirement by the Court shall be public.(b) Permitted Release of Information by Commission.(1)Written Waiver. The Commission may release confidential information upon receipt of a written waiver by the subject judge, except that those matters listed in subsection (a)(4) of this Rule shall remain confidential notwithstanding a waiver by the judge.(2)Explanatory Statement. The Commission may issue a brief explanatory statement necessary to correct any inaccurate or misleading information from any source about the Commission's process or procedures.(3)To Chief Judge of Court of Appeals.(A) Upon request by the Chief Judge of the Court of Appeals, the Commission shall disclose to the Chief Judge: (i) whether a complaint is pending against the judge who is the subject of the request; and(ii) the disposition of each complaint that has been filed against the judge within the preceding five years.(B) The Chief Judge may disclose this information to the incumbent judges of the Court of Appeals in connection with the exercise of any administrative matter over which the Court has jurisdiction. Each judge who receives information pursuant to subsection (b)(3) of this Rule shall maintain the applicable level of confidentiality of the information otherwise required by the Rules in this Chapter.(4)Information Involving Possible Criminal Activity, Health, Safety, and Certain Ethical Concerns. The Commission may provide (A) information involving possible criminal activity, including information requested by subpoena from a grand jury, to applicable law enforcement and prosecuting officials, (B) information regarding health and safety concerns to applicable health agencies and law enforcement officials, and to any individual who is the subject of or may be affected by any such health or safety concern, and (C) if the judge resigns or voluntarily retires prior to the disposition of the matter involving the subject judge, information to Bar Counsel pertaining to conduct that may constitute a violation of the Maryland Attorneys' Rules of Professional Conduct that raises a substantial question as to the judge's honesty, trustworthiness, or fitness as an attorney in other respects. Committee note: Nothing in this Rule prohibits the Commission from reporting to Bar Counsel potential professional misconduct on the part of attorneys that is discovered during the course of an investigation conducted by the Commission. Subject to the assertion of a lawful privilege, filing objections, or motions for protective order or to quash, the Commission shall provide responsive information pursuant to a subpoena from a grand jury to the appropriate law enforcement and prosecutorial officials.
Cross reference: See Rule 19-308.3 (8.3), concerning an attorney's duty to report violations of the Maryland Attorney's Rules of Professional conduct.
(5)Finding of Disability or Impairment. The Commission may disclose any final disposition imposed against a judge related to charges of disability or impairment to the applicable administrative judge or Chief Judge of the disabled or impaired judge's court or, if the disabled or impaired judge is a recalled senior judge, to the Court of Appeals.(6)Nominations; Appointments; Approvals.(A) Permitted Disclosures. Upon a written application made by a judicial nominating commission, a Bar Admission authority, the President of the United States, the Governor of a state, territory, district, or possession of the United States, or a committee of the General Assembly of Maryland or of the United States Senate which asserts that the applicant is considering the nomination, appointment, confirmation, or approval of a judge or former judge, the Commission shall disclose to the applicant:(i) Information about any completed proceedings that did not result either in dismissal of the complaint or in a conditional diversion agreement that has been satisfied; and(ii) Whether a complaint against the judge is pending.Committee note: Committee note: A reprimand issued by the Commission is disclosed under subsection (b)(6)(A)(i) of this Rule. An unsatisfied conditional diversion agreement is disclosed under subsection (b)(6)(A)(ii) of this Rule as a pending complaint against the judge
(B) Restrictions. Unless the judge waives the restrictions set forth in this subsection, when the Commission furnishes information to an applicant under this section, the Commission shall furnish only one copy of the material, which shall be furnished under seal. As a condition to receiving the material, the applicant shall agree that (i) the applicant will not copy the material or permit it to be copied; (ii) when inspection of the material has been completed, the applicant will seal and return the material to the Commission; and (iii) the applicant will not disclose the contents of the material or any information contained in it to anyone other than another member of the applicant.(C) Copy to Judge. The Commission shall send the judge a copy of all documents disclosed under this subsection. Cross reference: For the powers of the Commission in an investigation or proceeding under Md. Const., Art. IV, § 4B, see Code, Courts Article, §§ 13-401 through 13-403.
(c)Statistical or Annual Report. The Commission may include in a publicly available statistical or annual report the number of complaints received, investigations undertaken, and dispositions made within each category of disposition during a fiscal or calendar year, provided that, if a disposition has not been made public, the identity of the judge involved is not disclosed or readily discernible.Md. R. Jud. & Judi. Appts. 18-407
This Rule is in part derived from former Rule 18-409(2018) and is in part new.
Adopted May 15, 2019, eff. 7/1/2019; amended March 30, 2021, eff. 7/1/2021; amended Nov. 28, 2023, eff. 1/1/2024.