Rule 18-411 - Commission on Judicial Disabilities(b) Compensation. A member of the Commission may not receive compensation for serving in that capacity but is entitled to reimbursement for expenses reasonably incurred in the performance of official duties in accordance with standard State travel regulations. (b) Compensation. A member of the Commission may not receive compensation for serving in that capacity but is entitled to reimbursement for expenses reasonably incurred in the performance of official duties in accordance with standard State travel regulations.(c) Recusal. A member of the Commission shall not participate as a member in any discussion, disposition, or proceeding in which (1) the member is a complainant, (2) the member's disability, impairment, or sanctionable conduct is in issue, (3) the member's impartiality might reasonably be questioned, (4) the member has personal knowledge of disputed evidentiary facts involved in the proceeding, or (5) the recusal of a judicial member would otherwise be required by the Maryland Code of Judicial Conduct. Cross reference: See Md. Const., Art. IV, § 4B(a), providing that the Governor shall appoint a substitute member of the Commission for the purpose of a proceeding against a member of the Commission.
(d)Executive Counsel.(1)Appointment; Compensation. The Commission may select an attorney as Executive Counsel. The Executive Counsel shall serve at the pleasure of the Commission and receive the compensation set forth in the budget of the Commission.(2)Duties. The Executive Counsel shall: (A) receive documents that are filed with the Commission and maintain the records of the Commission;(B) prepare the agenda of meetings of the Commission and before each meeting send to each Commission member a copy of the agenda and meeting materials;(C) attend meetings of the Commission and the Inquiry Board, keep minutes of those meetings, and retain the minutes, subject to the retention schedule approved by the Chief Judge of the Court of Appeals;(D) serve as attorney to the Commission;(E) serve as liaison to the Board and to Investigative Counsel; and(F) have such other administrative powers and duties assigned by the Commission, other than duties committed to Investigative Counsel by these Rules.Committee note: Keeping minutes of Board meetings is purely a secretarial service. Under Rule 18-407, proceedings before the Board are confidential, and those minutes therefore are not to be shared with members of the Commission.
(3)Assistants and Other Staff. As the need arises and to the extent funds are available in the Commission's budget, the Commission may employ additional persons to assist the Executive Counsel. The Executive Counsel shall keep an accurate record of the time and expenses of additional persons employed and ensure that the cost does not exceed the amount allocated by the Commission.(e)Investigative Counsel; Assistants.(1)Appointment; Compensation. Subject to approval by the Court of Appeals, the Commission shall appoint an attorney with substantial trial experience and familiarity with these Rules and the Code of Judicial Conduct as Investigative Counsel. Before appointing Investigative Counsel, the Commission shall notify bar associations and the general public of the vacancy and shall consider any recommendations that are timely submitted. Investigative Counsel shall serve at the pleasure of the Commission and shall receive the compensation set forth in the budget of the Commission.(2)Powers and Duties. Investigative Counsel shall have the powers and duties set forth in the Rules in this Chapter and shall report and make recommendations to the Board and the Commission as required under these Rules or directed by the Commission. All reports and recommendations shall be in writing and maintained as a record of Investigative Counsel and the recipient.(3)Additional Attorneys and Staff. As the need arises and to the extent funds are available in the Commission's budget, the Commission may appoint additional attorneys or other persons, other than its Executive Counsel and any persons employed pursuant to subsection (d)(3) of this Rule to assist Investigative Counsel. Investigative Counsel shall keep an accurate record of the time and expenses of additional persons employed and ensure that the cost does not exceed the amount allocated by the Commission.(f)Quorum.(1)Generally. The presence of a majority of the members of the Commission constitutes a quorum for the transaction of business, provided that at least one judge, one attorney, and one public member are present unless, by reason of vacancies or recusals, the presence of at least one judge, one attorney, and one public member is not possible. At a hearing on charges held pursuant to Rule 18-434, a Commission member is present only if the member is physically present. Under all other circumstances, a member may be physically present or present by telephone, video, or other electronic conferencing. Other than adjournment of a meeting for lack of a quorum, no action may be taken by the Commission without the concurrence of a majority of members of the Commission.(2)Special Designation of Substitute Member. If, by reason of vacancies or recusals, the quorum in a particular proceeding would not include at least one judge, one attorney, and one public member, the Court of Appeals, only with the written consent of the judge who is the subject of the proceeding, may designate a judge, including a senior judge, an attorney, or a member of the public, as needed, for the composition of a quorum in that proceeding, to serve as a substitute member of the Commission.(3)Continuity of Service. Following the expiration of a member's term, other than pursuant to Article IV, Section 4A(e) of the Maryland Constitution, the Commission may conduct business in the ordinary course with that member continuing to serve, until such time as the Governor appoints a replacement.(g)General Powers of Commission. In accordance with Md. Const., Art. IV, § 4B and Code, Courts Article, § 13-401 through 13-403, and in addition to any other powers provided in the Rules in this Chapter, the Commission may: (1) administer oaths and affirmations;(2) issue subpoenas and compel the attendance of witnesses and the production of evidence;(3) require persons to testify and produce evidence by granting them immunity from prosecution, penalty, or forfeiture; and(4) in case of contumacy by any person or refusal to obey a subpoena issued by the Commission, invoke the aid of the circuit court for the county where the person resides or carries on a business.(h)Records. The Commission shall keep a record of all documents filed with the Commission and all proceedings conducted by the Commission concerning a judge, subject to a retention schedule approved by the Chief Judge of the Court of Appeals.(i)Annual Report. Not later than September 1 of each year, the Commission shall submit an annual report to the Court of Appeals regarding its operations. The Report shall include statistical data with respect to complaints received and processed but shall not include material declared confidential under Rule 18-407.(j)Request for Home Address. Upon request by the Commission or the Chair of the Commission, the Administrative Office of the Courts shall supply to the Commission the current home address of each judge.Md. R. Jud. & Judi. Appts. 18-411
This Rule is derived from former Rule 18-402(2018).
Adopted May 15, 2019, eff. 7/1/2019; amended July 8, 2021, eff. 10/1/2021. See Rules 18-402(a) and 18-407(a).