Rule 18-428 - Retirement as a Disposition(a)Applicability. This Rule applies to a retirement ordered by the Court of Appeals as a disposition upon a finding of disability. It does not apply to a voluntary retirement by the Judge.(b) When Appropriate. Retirement of a judge may be an appropriate disposition upon a determination that (1) the judge suffers from a disability, as defined in Rule 18-402(i), and (2) any alleged conduct that otherwise may constitute sanctionable conduct was predominantly the product of that disability and did not involve misconduct so serious that, if proven, would justify suspension or removal of the judge from office or, in light of the circumstances, would justify a censure.(c) Effect(1) Retirement under this Rule is permanent. A judge who is retired under this Rule may not be recalled to sit on any court, but the judge shall lose no other retirement benefit to which the judge is entitled by law.(2) Retirement under this Rule does not constitute discipline.Md. R. Jud. & Judi. Appts. 18-428
Adopted May 15, 2019, eff. 7/1/2019; amended July 8, 2021, eff. 10/1/2021; amended March 1, 2024, eff. 7/1/2024. See Rule 18-441 dealing with special procedures in disability cases. See also Md. Const., Art. IV, § 4B(a)(2), authorizing the Commission to recommend to the Court of Appeals retirement of a judge "in an appropriate case and Rule 19-717.1 authorizing a comparable disposition for attorneys who have a disability.