Rule 19-727 - Judicial Hearing(a)Evidence and Procedure Generally. Except as otherwise provided by the Rules in this Chapter, the hearing of a disciplinary or remedial action is governed by the rules of evidence and procedure applicable to a non-jury trial in a civil action in a circuit court.(b)Certain Evidence Allowed.(1) Before the conclusion of the hearing, the judge may permit any complainant to testify, subject to cross-examination, regarding the effect of the alleged misconduct or incapacity.(2) The attorney may offer, or the judge may inquire regarding, evidence otherwise admissible of any remedial action undertaken by the attorney relevant to the allegations of misconduct or incapacity. Bar Counsel may respond to any evidence of remedial action.(c)Burdens of Proof. Bar Counsel has the burden of proving the averments of the petition by clear and convincing evidence. If the attorney asserts an affirmative defense or a matter of mitigation or extenuation, the attorney has the burden of proving the defense or matter by a preponderance of the evidence.(d) Time for Completion Unless extended by the Supreme Court, the hearing shall be completed within 120 days after service on the attorney of the order entered under Rule 19-722.
(e)Findings and Conclusions. The judge shall prepare and file a written statement which shall contain: (1) findings of fact and conclusions of law as to each charge;(2) findings as to any remedial action taken by the attorney; and(3) findings as to any aggravating or mitigating circumstances that exist. Unless the time is extended by the Supreme Court, the statement shall be filed with the clerk responsible for the record no later than 45 days after the conclusion of the hearing. The clerk shall mail a copy of the statement to each party.(f)Transcript. Bar Counsel shall cause a transcript of the hearing to be prepared and included in the record and provide an electronic copy of the transcript of the hearing to the attorney.(g)Transmittal of Record. Unless a different time is ordered by the Supreme Court, the clerk shall transmit the record to the Supreme Court within 15 days after the statement of findings and conclusions is filed. This Rule is derived from former Rule 16-757(2016).
Adopted June 6, 2016, eff. 7/1/2016; amended July 8, 2021, eff. 10/1/2021; amended April 21, 2023, eff. 4/1/2023.