Rule 18-438 - Suspension of Execution of Discipline(a)Authority. In imposing discipline upon a judge pursuant to the Rules in this Chapter, whether pursuant to an agreement between the judge and the Commission or otherwise, the Court of Appeals, in its Order, may suspend execution of all or part of the discipline upon terms it finds appropriate.(b)Monitoring Compliance.(1) Unless the Court orders otherwise, the Commission shall monitor compliance with the conditions stated in the order. The Commission may direct Investigative Counsel or any other person to monitor compliance on its behalf. If, upon request of the judge, a monitor other than Investigative Counsel is appointed, all reasonable expenses of the monitor shall be assessed against the judge.(2) The Commission may direct the judge to provide to the monitor such information and documentation and to authorize other designated persons to provide such information and documentation to the monitor as necessary for the Commission effectively to monitor compliance with the applicable conditions.(3) Upon any material failure of the judge to comply with those requirements or upon receipt of information that the judge otherwise has failed to comply with a condition imposed by the Court, the monitor promptly shall file a report with the Commission and send written notice to the judge that it has done so. The notice shall include a copy of the report and inform the judge that, within fifteen days from the date of the notice, the judge may file a written response with the Commission.(4) The Commission promptly shall schedule a hearing on the report and any timely response filed by the judge and shall report to the Court its findings regarding any material violation by the judge. The report shall include any response filed by the judge. Committee note: The hearing should be conducted in general conformity with Rule 4-347(e).
(5) If a material violation found by the Commission is based upon conduct by the judge that could justify separate discipline for that conduct, the Commission may direct Investigative Counsel to proceed as if a new complaint had been filed and shall include that in its report to the Court.(c)Response; Hearing. Within fifteen days after the filing of the Commission's report, the judge may file a response with the Court. The judge shall serve a copy of any response on the Commission. The Court shall hold a hearing on the Commission's report and any timely response filed by the judge and may take whatever action it finds appropriate. The Commission may be represented in the proceeding by its Executive Counsel or any other attorney the Commission may appoint.Md. R. Jud. & Judi. Appts. 18-438
Adopted May 15, 2019, eff. 7/1/2019; amended July 8, 2021, eff. 10/1/2021. See Rule 18-407.