Md. R. Att'y 19-740

As amended through May 11, 2022
Rule 19-740 - Disposition-Generally
(a) Oral Argument. Unless oral argument is waived by the parties, the Court shall set a date for oral argument. Oral argument shall be conducted in accordance with Rule 8-522. An attorney is deemed to have waived oral argument where:
(1) the attorney failed to file an answer pursuant to Rule 19-724 and the Judge entered an order of default pursuant to Rule 19-724(c),
(2) the order of default was not vacated,
(3) the attorney failed to appear at the hearing held pursuant to Rule 19-727; and
(4) the attorney failed to file any exceptions or recommendation for sanction pursuant to Rule 19-728(b).
(b) Review by Court of Appeals.
(1)Conclusions of Law. The Court of Appeals shall review de novo the circuit court judge's conclusions of law.
(2)Findings of Fact.
(A) If No Exceptions are Filed. If no exceptions are filed, the Court may treat the findings of fact as established.
(B) If Exceptions are Filed. If exceptions are filed, the Court of Appeals shall determine whether the findings of fact have been proved by the requisite standard of proof set out in Rule 19-727(c). The Court may confine its review to the findings of fact challenged by the exceptions. The Court shall give due regard to the opportunity of the hearing judge to assess the credibility of witnesses.
(c) Disposition.
(1)Generally. The Court of Appeals may order (A) disbarment, (B) suspension, (C) probation under specified terms and conditions, (D) a reprimand, (E) transfer to disability inactive status, (F) dismissal of the disciplinary or remedial action, or (G) a remand for further proceedings.

Cross reference: Rule 19-706 and Rule 19-305.3(d).

(2)If Suspension Ordered.
(A) The Court may order a suspension for a fixed period of time or indefinitely. An order for indefinite suspension may provide that the attorney may not seek reinstatement until the expiration of a specified period and may include preset conditions for reinstatement.

Committee note: Rule 19-752 sets forth conditions to and the procedure for applying for reinstatement. Subsection (c)(2)(A) of this Rule is not intended to conflict with that Rule but allows the Court, in its Order of suspension, to include conditions for reinstatement as a guide to the attorney based on facts apparent at the time of suspension. That does not preclude the Court from requiring other or different conditions pursuant to Rule 19-752 based on circumstances apparent when the attorney petitions for reinstatement.

(B) Upon a request by Bar Counsel or the attorney or on its own initiative and for good cause, the Court may stay execution of a suspension and place the attorney on probation upon terms and conditions the Court finds appropriate, which may include any terms or conditions permitted in a Conditional Diversion Agreement. The Order staying execution of a suspension may include provisions for monitoring compliance with the terms and conditions and for prompt reporting to Bar Counsel, the attorney, and the Court of any material noncompliance.

Committee note: In determining whether to enter a stay of execution and place the attorney on probation, the Court should 282 consider, among any other relevant factors, whether (1) the attorney had been the subject of prior discipline or the dismissal of a complaint with a letter of cautionary advice or admonition; (2) the misconduct was repetitive in nature; (3) the misconduct was likely to have been episodic and out of character; (4) upon the attorney's satisfaction of conditions attached to the stay, misconduct was not likely to recur; (5) the attorney recognizes the misconduct and the severity of it and has shown genuine remorse; and (6) the attorney has provided or will provide adequate recompense for anyone harmed by his or her misconduct.

(C) Upon Bar Counsel's receipt of a report of material non-compliance, Bar Counsel shall petition the Court to request that the Court take such action as it finds appropriate, which may include an immediate lifting of the probation and stay of execution and a referral of the matter to a circuit court judge to conduct an evidentiary hearing and file with the Court of Appeals the judge's findings of fact and conclusions of law relating to the alleged non-compliance.
(D) In the event of such a referral, the judge shall send a copy of the judge's findings and conclusions to Bar Counsel and the attorney. Within 30 days after the sending of such notice, Bar Counsel, the Commission, and the attorney may file exceptions with the Court of Appeals. The excepting party shall serve the exceptions on the other parties.
(E) If no exceptions are timely filed, the Court may treat the findings of fact as established. If exceptions are timely filed, the Court shall proceed in accordance with Rule 19-740(b)(2)(B). The Court may enter any further Order it finds appropriate.
(d) Decision. The decision of the Court of Appeals is final. The decision shall be evidenced by an order which the clerk shall certify under the seal of the Court. The order may be accompanied by an opinion.
(e) Effective Date of Order. Unless otherwise stated in the order, an order providing for the disbarment, suspension, or reprimand of an attorney or the transfer of an attorney to disability inactive status shall take effect upon its filing with the Clerk of the Court.

Cross reference: For duties of the Clerk of Court of Appeals upon entry of certain orders, see Rule 19-761.

Md. R. Att'y 19-740

This Rule is derived in part from former Rule 19-741(2021) and is in part new.

Adopted June 6, 2016, eff. 7/1/2016; amended July 8, 2021, eff. 10/1/2021.