Rule 18-441 - Cases of Alleged or Apparent Disability or Impairment(a)In General. Except as otherwise provided in this Rule, proceedings involving an alleged disability or impairment of a judge shall be in accordance with the other Rules in this Chapter.(b)Initiation. A proceeding involving alleged or apparent disability or impairment may be initiated:(1) by a complaint alleging that the judge is disabled or impaired, or by an inquiry into such a status commenced by Investigative Counsel pursuant to Rule 18-421(f);(2) by a claim of disability or impairment made by the judge in response to a complaint alleging sanctionable conduct;(3) upon direction of the Commission pursuant to Rule 18-431;(4) pursuant to a voluntary commitment or an order of involuntary commitment of the judge to a mental health facility; or(5) pursuant to the appointment of a guardian of the person or property of the judge based on a finding that the judge is a disabled person as defined in Code, Estates and Trusts Article, § 13-101.(c)Confidentiality. All proceedings involving a judge's alleged or apparent disability or impairment shall be confidential.(d)Inability to Defend. Upon a credible allegation by the judge or other evidence that the judge, by reason of physical or mental disability or impairment, is unable to assist in a defense to a complaint of sanctionable conduct, disability, or impairment, the Commission may appoint (1) an attorney for the judge if the judge is not otherwise represented by an attorney, (2) a guardian ad litem, or (3) both.(e)Interim Measure. If a disability or impairment proceeding is initiated pursuant to section (b) of this Rule, the Commission immediately shall notify the Court of Appeals which, after an opportunity for a hearing, may place the judge on temporary administrative leave pending further order of the Court and further proceedings pursuant to the Rules in this Chapter.(f)Waiver of Medical Privilege; Medical or Psychological Examination(1) The assertion by a judge of the existence of a mental or physical condition or an addiction, as a defense to or in mitigation an investigation or of a charge of sanctionable conduct, or the nonexistence of a mental or physical condition or an addiction, as a defense to an investigation or a charge that the judge has a disability or impairment, constitutes a waiver of the judge's medical privilege and permits: (A) the Board or the Commission to authorize Investigative Counsel to obtain, by subpoena or other legitimate means, medical and psychological records of the judge relevant to issues presented in the case; and(B) upon a motion by Investigative Counsel, the Board or the Commission to order the judge to submit to a physical or mental examination by a licensed physician or psychologist designated by Investigative Counsel and direct the physician or psychologist to render a written report to Investigative Counsel. If the judge has asserted the existence of a mental or physical condition or an addiction as a defense to or in mitigation of an investigation or a charge of sanctionable conduct, the cost of the examination and report shall be paid by the judge. Otherwise, it shall be paid by the Commission.(2) Failure or refusal of the judge to submit to a medical or psychological examination ordered by the Board or the Commission shall preclude the judge from presenting evidence of the results of medical examinations done on the judge's behalf, and the Commission may consider such a failure or refusal as evidence that the judge has or does not have a disability or impairment.Md. R. Jud. & Judi. Appts. 18-441
This Rule is new. It is derived, in part, from ABA Model Rules for Judicial Disciplinary Enforcement, Rule 27.
Adopted May 15, 2019, eff. 7/1/2019; amended Nov. 28, 2023, eff. 1/1/2024.