Rule 18-425 - Dismissal of Complaint(a)Without Letter of Cautionary Advice. If, after an investigation by Investigative Counsel, the Commission concludes that the evidence fails to show that the judge has a disability or impairment or has committed sanctionable conduct, it shall dismiss the complaint without a letter of cautionary advice and notify the complainant, the Board, and, subject to Rule 18-422(a)(4)(F), the judge. If the Commission is unable to make that conclusion based on a recommendation by Investigative Counsel pursuant to Rule 18-422(b)(3), it shall refer the matter to the Board for its review under Rule 18-423.(b)With Letter of Cautionary Advice.(1)When Appropriate. If the Commission determines that any sanctionable conduct that may have been committed by the judge will be sufficiently addressed by the issuance of a letter of cautionary advice, the Commission may accompany a dismissal with such a letter. Committee note: A letter of cautionary advice may be appropriate where the judge's conduct was (1) inappropriate and perhaps marginally sanctionable or (2) if sanctionable, was not particularly serious, was not intended to be harmful, was not repetitious, may have been the product of a momentary lapse in judgment or the judge being unaware that the conduct was not appropriate, and does not justify discipline. The letter is intended to be remedial in nature, so that the judge will be careful not to repeat that or similar conduct.
(2)Notice to Judge; Response. The Commission shall notify the judge of a proposed dismissal with cautionary advice. Within 15 days after the sending of that notice, the judge may file a written response, which, before issuing the dismissal and letter, the Commission shall consider.(3)Confidentiality. The existence and contents of the letter are private and confidential, except that the Commission and Investigative Counsel shall retain a copy of it and any response by the judge and may consider them if relevant in any subsequent proceeding against the judge. The Commission shall notify the complainant that the complaint was brought to the judge's attention and that no public action against the judge was taken.(4)Not a Form of Discipline. A letter of cautionary advice is not a reprimand and does not constitute a form of discipline.Md. R. Jud. & Judi. Appts. 18-425
This Rule is derived in part from former Rule 18-406(a) (2018) and is in part new.
Adopted May 15, 2019, eff. 7/1/2019; amended March 30, 2021, eff. 7/1/2021.