STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

Court rules

Ask Donna

What actually matters in this document.

Text

NOTICE OF PROPOSED RULES CHANGES

The Rules Committee submitted Parts I and II of its One

Hundred Seventy-Eighth Report to the Court of Appeals on April

29, 2013 and June 26, 2013, respectively, recommending rescission

of Title 16 of the Maryland Rules of Procedure and replacement of

it by new Title 16 (Court Administration), Title 18 (Judges and

Judicial Appointees), and Title 19 (Attorneys).

The Committee

now has submitted to the Court Part III of the Report,

transmitting thereby proposed new Title 19 and proposed

amendments to Rules 1-101, 1-312, 1-322, 1-322.1, 1-325, 1-326,

1-333, 1-351, 2-111, 2-112, 2-131, 2-504, 2-504.1, 2-508, 2-512,

2-516, 2-601, 2-652, 3-131, 3-508, 3-601, 4-214, 4-216, 4-217, 4263, 4-312, 4-322, 4-327, 5-410, 5-605, 6-108, 7-113, 8-402, 8411, 8-415, 9-203, 9-204, 9-205, 9-205.2, 9-208, 10-106, 11-106,

15-207, 15-1103, 17-207, 17-205, 17-206, 17-506, 20-101, 20-109,

20-203, 20-405, 20-502, 20-503, and 20-504; recommending

rescission of Appendix:

Maryland Lawyers’ Rules of Professional

conduct and the Rules Governing Admission to the Bar of Maryland;

and recommending the transfer of and amendments to the Rules of

the State Board of Law Examiners, Forms RGAB-14/M and RGAB-14/O

in Appendix:

Appendix:

Forms, Appendix:

Ideals of Professionalism,

Guidelines of Advocacy for Attorneys Representing

Children in CINA and Related TRP and Adoption Proceedings, and

Appendix:

Maryland Guidelines for Practice for Court-Appointed

Lawyers Representing Children in Cases Involving Child Custody or

Child Access.

The Committee’s Part III of its One Hundred Seventy-Eighth

Report and the proposed Rules changes are set forth below.

Interested persons are asked to consider Part III of the

Committee’s Report and proposed rules changes and to forward on

or before April 11, 2016 any written comments they may wish to

make to:

Sandra F. Haines, Esq.

Reporter, Rules Committee

2011-D Commerce Park Drive

Annapolis, Maryland 21401

BESSIE M. DECKER

Clerk

Court of Appeals of Maryland

-2-

March 11, 2016

The Honorable Mary Ellen Barbera,

Chief Judge

The Honorable Lynne A. Battaglia

The Honorable Clayton Greene, Jr.

The Honorable Sally D. Adkins

The Honorable Robert N. McDonald

The Honorable Shirley M. Watts

The Honorable Michele D. Hotten

Judges

The Court of Appeals of Maryland

Robert C. Murphy Courts of Appeal Building

Annapolis, Maryland 21401

Your Honors:

The Rules Committee submits this Part III of its One Hundred

Seventy-Eighth Report and recommends that the Court adopt the new

Rules and amendments to existing Rules transmitted with this Part.

Part III, which constitutes the last segment of the general

reorganization and updating of Title 16 of the Maryland Rules and

various appendices to that Title, collects, updates, reorganizes,

and makes style revisions to the Rules governing attorneys, all in

a new Title 19 of the Maryland Rules.

In accordance with what the Committee did in presenting the

Supplements to Parts I and II, it is presenting Part III in two

ways.

Because all of the Rules are actually new ones, wholly

rewritten, they are presented in the form they would read if the

Court adopts them (the “clean” version). In order for the Court

and the public to see the actual changes made from the current

Rules, however, they are presented as well, in a separate binder,

with those changes marked by the underlining of new language and

strikeouts of current language.

Title 19 is divided into seven chapters:

Chapter 100: State Board of Law Examiners and Character

Committees

Chapter 200: Admission to the Bar

-3-

Chapter 300: Maryland Attorneys’ Rules of Professional

Conduct

Chapter 400: Attorney Trust Accounts

Chapter 500: Pro Bono Legal Services

Chapter 600: Client Protection Fund

Chapter 700: Discipline, Inactive Status, Resignation

Chapter 100: State Board of Law Examiners and Character

Committees

The Rules in Chapters 100 and 200 are derived from what

currently are labeled as Rules Governing Admission to the Bar of

Maryland (RGAB), which are found in an Appendix to the Maryland

Rules. The reorganization and the changes proposed have been

considered by the State Board of Law Examiners (SBLE). Rule 19101 defines terms used in Chapters 100 and 200. It is derived

from RGAB 1.

Rule 19-102, derived from RGAB 18 and 20, provides for SBLE

and its assistants. Most of the powers of the Board are provided

for in Chapter 200, but Rule 19-102 authorizes SBLE to adopt

Board rules and set fees. The Board rules deal mostly with Bar

Examinations and are currently placed with the RGAB in the

Appendix to the Maryland Rules. They are proposed to be

relocated to the end of Chapter 200, to which they are most

relevant.

Three substantive changes are recommended in Rule 19-102.

The first, in section (c), implements a recommendation of the

Professionalism Center Task Force that SBLE exercise supervision

over the character and fitness requirements for Bar admission and

the operations of the character committees. The second, in

section (d), deletes the requirement that changes in Board Rules

be published at least once in a newspaper of general circulation

in the State. For ordinary changes, the one required publication

must be at least 45 days before the bar examination at which it

is to be effective; if the change increases the subject matter

knowledge required for the examination, it must be published at

least one year prior to the examination.

Finally, the Committee was advised that the Board publishes

such notices once in the Baltimore Sun and the Daily Record. The

likelihood that anyone who may be affected by the change will, in

fact, see the one notice published in either paper, 45 days or

one year before the examination, is remote at best. With the

approval of SBLE, the Committee recommends that, instead of the

one-time newspaper publication, changes in Board Rules be posted

on the Judiciary website, where they can remain publicly

accessible for the entire 45-day or one-year period and where law

-4-

students and bar applicants are much more likely to look for and

find them.

Current RGAB 17 (Rule 19-103) permits the Court to provide

compensation to members of the character committees. That does

not happen; no compensation is paid to character committee

members. Instead, for each application sent to a character

committee for investigation, the Board, from its budget, sends to

the Chair of the committee $45 to defray some of the cost of the

investigation. The Chair distributes the money to reimburse the

members for expenses they incurred in conducting investigations.

Rule 19-103 reflects that practice.

RGAB 22 (Rule 19-104) permits the Board or a character

committee, on its own initiative or on request of an applicant,

to cause a subpoena to be issued by the clerk of a circuit court

but, to safeguard confidentiality, provides that “the

proceedings” shall not be docketed. The Rules Committee, with

the approval of SBLE, believes that the proceedings should be

docketed, so there is a record, but that they be shielded from

public access and under seal. Rule 19-104 reflects that change.

Rule 19-105 deals with the confidentiality of proceedings

before SBLE, character committees, and the Accommodations Review

Committee (ARC).1 Rule 19-105 is derived from RGAB 19 with three

changes requested by SBLE. RGAB 19 (b) generally permits an

applicant to be informed of and inspect papers received or

considered by a panel of the ARC, a character committee, or SBLE,

except when, without a hearing, the applicant is recommended for

admission. Subsection (b)(2) of Rule 19-105 adds to that

exception papers received or considered by the National

Conference of Bar Examiners. The second change addresses the

situation of an applicant – most likely an individual who was a

former applicant – who is being considered for judicial office.

The current Rule permits the disclosure of otherwise confidential

information, upon request, to the Governor of Maryland and

committees of the Maryland Senate and the U.S. Senate in that

situation. Rule 19-105 (c)(5) permits such disclosure as well,

upon request, to the Governor of another State and the President

of the United States. The third change, in subsection (c)(4),

permits material concerning an applicant (or former applicant) to

be disclosed to disciplinary authorities for use in a pending

disciplinary proceeding against the applicant or for

reinstatement after a suspension or disbarment.

ARC is currently provided for in RGAB 6.1, which will become

Rule 19-205.

-5-

Chapter 200: Admission to the Bar

Most of the Rules in Chapter 200 are derived from the RGAB,

with style changes, clarifications, and some updating. The

Chapter deals with four topics: (1) general provisions focusing

on the standard admission procedure, which involves taking the

Maryland bar examination, (2) admission of out-of-State

attorneys, (3) special authorization to practice that is limited

and does not constitute an admission, and (4) two miscellaneous

provisions. There are two new Rules and some substantive changes

to existing ones.

The standard admission process is described in Rules 19-201

through 19-211. Rule 19-202, which is derived from RGAB 2, adds

two substantive provisions, both recommended by SBLE. The

current Rule establishes two deadlines for filing an application

to take a bar examination – January 16 and May 20 for the July

examination and September 15 and December 20 for the February

examination. The application must be filed by the later of the

two respective deadlines. If filed after the earlier deadline,

however, a late fee is charged. SBLE advises that over 90

percent of the applicants file after the earlier deadline and

have to pay the late fee. The Board has requested, and the

Committee agrees, that the later deadline should remain the

actual deadline, but there should be no late fee; instead, under

its authority to set fees, SBLE will offer a discount for filing

by the earlier date.

The current Rule, copied in Rule 19-202 (d), permits an

applicant, at any time after completion of his or her pre-legal

studies, to file an application to determine whether there are

any impediments to the applicant’s qualification for admission.

Section (e) adds a provision that, if such an application has

been pending for more than three years, the applicant must file

an updated application.

A Committee note is added to Rule 19-203, to make clear that

an applicant’s immigration status, of itself, does not preclude

admission to the Maryland Bar, provided that the applicant, like

every other applicant, has demonstrated good moral character. At

least since 2008, and likely before then, the application for Bar

admission asks where and when the applicant was born, whether the

applicant is a citizen of the United States, and, if not, what

the applicant’s “immigration status” is. If the applicant

indicates an undocumented or illegal status, an investigation is,

or should be, conducted to determine whether or how that might

affect the applicant’s character and fitness to practice law –

whether, for example, the applicant has ever improperly concealed

or lied about that status. We are advised that, on at least one

occasion, an applicant revealed that he was brought to the

country illegally by his parents but was in the Federal Deferred

-6-

Action for Childhood Arrivals program. That program allows

undocumented immigrants to receive renewable two-year work

permits and exemption from deportation, provided that they (1)

entered the country before their 16th birthday and before June

2007 and (2) satisfy other criteria for the program. The

character committee investigator made an investigation and

discovered no reason to deny admission. The applicant was

recommended for admission to the Bar, without any mention of

immigration status, and was admitted in due course.

The Court has not faced this issue directly, but the Rules

Committee recommends that, by Committee note, the Rules make

clear that an undocumented status does not, of itself, constitute

proof of poor moral character or lack of fitness to practice law.

A provision is added to Rule 19-204 (b) permitting the Board

to reject a request for a test accommodation under the Americans

with Disabilities Act that is substantially incomplete or so

untimely that granting of the request is impracticable.

Rule 19-206 (b) reflects an amendment proposed by the

Professionalism Center Task Force revising the language stating

the purpose of the bar examination. The Rules Committee has left

in the Rule the first sentence of that section, making clear the

Court’s policy that no quota of successful candidates be set, but

that each examinee be judged based on the examination answers.

Admission of out-of-State attorneys is dealt with in Rules

19-212 through 19-214, which are derived from RGAB 13 and 14.

With one exception, there are no substantive changes. In Rule

19-212 (a), which provides for the admission of out-of-State

attorneys and is derived from RGAB 13, the Committee recommends

adding, as an alternative to the requirement that the attorney

have passed a written bar examination in a State, that the

attorney has been admitted to a State Bar by “diploma privilege”

after graduating from an ABA-accredited law school. That is to

accommodate attorneys admitted to the Wisconsin Bar and was

recommended by SBLE. In Wisconsin, an individual may be admitted

to that State’s Bar without having taken a bar examination if the

individual graduated from an ABA-accredited law school in

Wisconsin. Rule 19-214 is the pro hac vice Rule.

The third topic – special authorization to practice – is

dealt with in Rules 19-215 through 19-218. These Rules allow

attorneys who are not otherwise permitted to practice in Maryland

to do so under certain conditions and subject to certain

limitations. They make clear that the special authorization does

not constitute an admission to the Maryland Bar. Those Rules

include changes that were approved by the Court in its

consideration of the Committee’s 187th Report (Category 4).

-7-

Two changes are made to Rule 19-217, which is derived from

RGAB 16, dealing with the practice of law by law students. The

first is to permit such practice through externships. An

externship is a field placement, for credit, in a governmental

unit or a not-for-profit organization. Under the proposal, the

practice must be under the supervision of a faculty member of the

law school and must be in compliance with the applicable American

Bar Association standard for study outside the classroom, and the

program must be approved by the Maryland State Bar Association

Section of Legal Education and Admission to the Bar.

There appears to be some question whether externships

qualify under the current Rule. RGAB 16 requires clinical

programs to be approved by the MSBA Section Council. The Rules

Committee was advised that the Section Council, the members of

which change from time to time, has taken inconsistent positions

from one year to another on whether an externship qualifies as a

clinical program. The clinical directors find these externships

useful and would like them to qualify. Because externships do

differ in some respects from traditional clinical programs, the

Committee proposes adding them to the Rule directly, rather than

expanding the definition of clinical program to include them.

The second amendment is to permit the practice to include

appearances before administrative agencies.

Rule 19-218 requires that attorneys admitted to practice in

Maryland and specially authorized out-of-State attorneys pay the

assessments to the Client Protection Fund and the Attorney

Grievance Commission Disciplinary Fund. It is derived in part

from a cross-reference following current RGAB 12 and, as to

specially authorized out-of-State attorneys, from RGAB 15 (h).

That requirement is already provided for in the Rules governing

contributions to the Client Protection Fund and the Attorney

Grievance Commission (Rules 16-811.5 and 16-714; proposed Rules

19-605 and 19-705).

As noted, the current SBLE Board Rules, with style,

clarifying, and conforming amendments, are moved to follow

immediately after the Rules in Chapter 200.

Chapter 300: Maryland Attorneys’ Rules of Professional Conduct

Chapter 300 consists of the relocation of (1) the Maryland

Lawyers’ Rules of Professional Conduct, which, currently, are

adopted by reference in Rule 16-812 and appear textually as an

Appendix to the Maryland Rules, and (2) three appendices to those

Rules of Professional Conduct – the Ideals of Professionalism,

the Maryland Guidelines of Advocacy for Attorneys Representing

Children in CINA and Related TPR and Adoption Proceedings, and

-8-

the Maryland Guidelines for Practice for Court-Appointed Lawyers

Representing Children in Cases Involving Child Custody or Child

Access.

Consistent with the Rules Committee’s recommendation

regarding the Code of Judicial Conduct, the Committee recommends

making each of the Maryland Attorneys’ Rules of Professional

Conduct (MARPC) a separate Maryland Rule, as each deals with a

separate matter and has the force of law, but to retain a clear

reference to the numbering system of the American Bar Association

Model Code, from which the MARPC was derived.

Most of the changes to the current Rules of Professional

Conduct are ones of style or clarification. The most ubiquitous

change is substituting “attorney” for “lawyer.” Throughout the

current Rules dealing with attorneys, three different terms are

used to denote the same status – attorney, lawyer, and counsel.

In this Part III and in the other Rules as well, the Rules

Committee recommends using one term – attorney – except when

“counsel” has a broader meaning.

With style changes, Rule 19-307.4 retains current Rule 7.4

as it is. In its 187th Report, the Committee recommended

expansion of the Rule to permit attorneys to advertise

certification by an accredited entity as a specialist in a

particular field of practice, along with new Rules to be included

in Title 16 providing a structure and procedure for such

accreditation and recognition of specialities. The Court

deferred consideration on that proposal. Should the Court

approve those recommendations, or alternatives to them, the

Committee will submit one or more new Rules to conform them to

whatever the Court approves.

Chapter 400: Attorney Trust Accounts

Chapter 400 consists of the relocation, without substantive

change, of current Rules 16-601 through 16-612.

Chapter 500: Pro Bono Legal Services

Chapter 500 consists of the relocation, without substantive

change, of current Rules 16-901 through 16-903. The only changes

in Rules 19-501 through 19-503 are conforming cross-references

and changing “lawyer” to “attorney.”

-9-

Chapter 600: Client Protection Fund

Chapter 600 incorporates the changes approved by the Court

in its consideration of the Committee’s 180th and 187th Report.

The Committee calls to the Court’s attention that Rule 19-603

carries forth without change the provision of seven year terms

for the trustees. The Rule says nothing about reappointment or

any term limits.

Chapter 700: Discipline, Inactive Status, Resignation; Permanent

Retirement

Chapter 700 consists of the reorganization, restyling, and

updating of current Rules 16-701 through 16-781, dealing with the

Attorney Grievance Commission (AGC), Bar Counsel, and proceedings

relating to the discipline, inactive status, resignation, and

reinstatement of attorneys. The Rules are grouped into six

parts: General Provisions (Rules 19-701 through 19-709);

Administrative Proceedings (Rules 19-711 through 19-721);

Proceedings on Petition for Disciplinary or Remedial Action

(Rules 19-722 through 19-730); Special Proceedings (Rules 19-731

through 19-740); Disposition by Court of Appeals (Rules 19-741

through 19-744); and Reinstatement (Rules 19-751 and 19-752).

Chapter 700 was developed collaboratively with the Chair of

the Attorney Grievance Commission and Bar Counsel. One goal is

to give greater attention to the situation where an attorney’s

violation of a Rule of Professional Conduct is attributable more

to an incapacity rather than deliberate misconduct and Bar

Counsel’s response looks toward placement of the attorney on

inactive status rather than reprimand, suspension, or disbarment.

An effort also is made to clarify the process of reinstatement

following a suspension, disbarment, resignation, or placement on

inactive status.

There are no substantive changes in Rules 19-701, 19-702,

19-703, 19-704, 19-705, 19-706, 19-708, 19-709, 19-711, 19-712,

19-713, 19-714, 19-720, 19-721, 19-722, 19-723, 19-724, 19-728,

19-729, 19-733, 19-735, 19-737, 19-739, or 19-741, although some

of those Rules are clarified and reorganized.

Rule 19-707 (b) adds to the list of those precluded from

disclosing confidential information a complainant and a

complainant’s attorney in a civil action. Subsection (f)(5) of

that Rule allows AGC and Bar Counsel, on written request by the

Client Protection Fund, to permit an authorized officer of the

Fund to inspect and copy specific records relating to an attorney

that are relevant to a claim pending before the Fund. This was a

compromise that gives the Fund access to specific records it

-10-

needs to make an informed decision regarding a claim without

allowing a wholesale rummaging through AGC or Bar Counsel files.

In Rule 19-715 (a)(2) and (c)(1), provisions are added to deal

with the incapacitated attorney.

Rule 19-716, dealing with conditional diversion agreements

(CDA), contains several substantive changes. Under subsection

(c)(3)(A)(ix), if the agreement calls for a reprimand, the text

of the reprimand must be agreed upon and attached to the CDA, but

it is a separate document and the actual reprimand is not

actually issued until the conditions of the CDA are fulfilled.

There are two reasons for that: (1) the contents of the CDA are

confidential, but the text of the reprimand is not, and (2) if

the attorney does not satisfactorily fulfill the conditions, the

CDA may be revoked, and Bar Counsel may withdraw the reprimand

and proceed directly to a petition for disciplinary or remedial

action. Under subsection (h)(4), an attorney who defaults on a

CDA is not entitled to another peer review proceeding.

Subsection (j)(1)(B)(iv) requires Bar Counsel, upon approval of a

CDA by AGC, to inform the attorney of the consequences of noncompliance.

Rule 19-717, dealing with reprimands, excludes from the

scope of the Rule reprimands issued in connection with a CDA,

which are dealt with in Rule 19-716.

Rule 19-718 requires a Statement of Charges to be more

specific regarding the alleged violations. The language is taken

from case law, in particular Bar Ass’n of Balt. v. Cockrell, 270

Md. 686, 692-93 (1974).

A provision is added to Rule 19-722 requiring the judge

designated to hear the action to enter a scheduling order not

later than 15 days after the date on which the attorney’s answer

to the AGC petition is due. Another new provision allows the

judge to amend the scheduling order for good cause, subject to

the 120-day time limit on completing the hearing.

Rule 19-725 (Pleadings; Motions; Amendments) contains two

clarifying amendments –- one, that the only pleadings allowed in

the proceeding are the petition and an answer, and two, that a

motion to dismiss is not allowed. The limited scope of the

proceeding before the circuit court judge is explained in a new

Committee note.

Rule 19-727 (Judicial Hearing) requires that the judge’s

findings be in a written statement and not dictated ex

temporaneously into the record. That is to help ensure that the

statement is complete, that it addresses all of the pending

issues, and that it is internally consistent.

-11-

Current Rule 16-759 (b), dealing with review of the judge’s

findings by the Court of Appeals, provides that, if no exceptions

are filed, the Court may treat the findings of fact as

established “for the purpose of determining appropriate

sanctions, if any.” The Committee recommends deleting that

limiting language in Rule 19-729, so that the Court may treat the

findings as established for any purpose.

Rule 19-732 (Injunction; Expedited Action) permits Bar

Counsel to seek injunctive relief not only on information that an

attorney is engaging in professional misconduct that is creating

special harm but also on information that an attorney has an

incapacity that is creating such harm.

Rule 19-736 (Consent to Discipline or Inactive Status) adds

a requirement to any consent to inactive status that the attorney

be competent to consent. The Rules Committee regards that as

implicit.

At the request of Bar Counsel, Rule 19-738 (Discipline on

Conviction of Crime) addresses the problem of an attorney who has

been found guilty of a crime but the judge delays imposition of

sentence for a period of more than 30 days, thereby delaying

entry of an actual judgment of conviction. The Committee was

advised that this has occurred. Section (e) provides for an

interim suspension process upon the finding of guilt, subject to

termination or a petition for disciplinary or remedial action

upon the imposition of sentence or other action by the criminal

court. Hopefully, the need for this will be rare.

Rule 19-742 (Order of Disbarment or Suspension) reorganizes

current Rule 16-760 to (1) clarify the duties of an attorney who

has been suspended or disbarred, (2) place provisions pertaining

to inactive status and resignation in other Rules dealing with

those subjects, and (3) update the Rule and make it consistent

with current practice. The Rule prohibits a suspended or

disbarred attorney from using any social networking media or

website to suggest that he or she is entitled to practice law,

but permits the attorney to use his or her office, stationery,

and checks in order to comply with the “winding up” requirements

of Rule 19-742 (c).

Subsection (c)(2)(A) of Rule 19-742 addresses a problem

noted in Attorney Grievance v. Maignan, 402 Md. 39 (2007) by

requiring the suspended or disbarred attorney, without charging

any additional fee, to take any action immediately necessary to

protect the interests of current clients that, as a practical

matter, cannot otherwise be protected. As an accompanying

Committee Note explains, that may require the attorney to engage

in very limited conduct that would be regarded as the practice of

-12-

law, for a very limited period of time, such as requesting a

postponement of closely impending hearings or trials or filing a

paper in a pending case which, if not filed prior to the client’s

practical ability to obtain another attorney, might result in

significant harm to the client.

Rule 19-744 is a self-contained Rule on inactive status.

Subsection (a)(2) is new. It deals with the situation in which

the disabled attorney is unable to perform the winding-up duties

required under Rule 19-742 (c) and satisfactory arrangements have

not been made for the performance of those duties.

Rules 19-751 and 19-752 are new Rules that are derived from,

but substantially reorganize, current Rule 16-781, dealing with

the reinstatement of attorneys who have been disbarred,

suspended, or placed on inactive status or who have resigned.

One major innovation is to deal separately with attorneys who

have been suspended for a fixed period not exceeding six months

(Rule 19-751) and attorneys who received other forms of

suspension, had been disbarred or placed on inactive status, or

had resigned (Rule 19-752). Both Rules make clear that, with

respect to suspensions for a fixed period, reinstatement is not

automatic upon the expiration of the suspension period but

requires a petition and an Order of the Court. That is so the

Court can be assured that any conditions attached to the

reinstatement have been satisfied and that there is nothing else

that might make reinstatement inadvisable.

Rule 19-751 permits a suspended attorney to file with the

Court and serve on Bar Counsel a petition for reinstatement

within ten days prior to the end of the period of suspension.

Bar Counsel is required to review the petition and, within five

days after service, file with the Court any objection he or she

may have to the reinstatement. If no timely objection is filed,

the Clerk forwards the petition, a certification that no

objection was filed, and a proposed Order of Reinstatement to the

Chief Judge or a judge designated by the Chief Judge, who may

sign and file the Order on behalf of the Court. If Bar Counsel

files a timely objection, the matter is referred to the Court for

its consideration. The intent is to provide an expeditious

process of reinstatement when there is no basis for concern.

Section (h) permits Bar Counsel to file a motion to vacate

an Order of Reinstatement if (1) the petitioner failed to comply

with the Order or any condition of reinstatement, or (2) the

petition contained a knowingly false statement or omitted a

material fact and the true facts were not disclosed to Bar

Counsel prior to entry of the Order. In that event, the Court

may designate a circuit court judge to conduct a hearing, with

the same procedures that govern a hearing on a petition for

disciplinary or remedial action.

-13-

Rule 19-752 follows the same general procedure but sets

different times for the filing of the petition, requires more

extensive information to be provided in the petition and separate

information to be provided to Bar Counsel, and requires Bar

Counsel to respond formally to the petition. If Bar Counsel

consents to the reinstatement, the Court may proceed in the

manner specified in Rule 19-751 where no objection is filed by

Bar Counsel. Otherwise, the Court may grant or deny the petition

without a hearing or refer the matter for a hearing. Section (h)

establishes criteria for the Court to consider in determining

whether to reinstate the attorney.

Finally, a new Rule 19-761 specifies certain duties of the

Clerk of the Court of Appeals upon the suspension, disbarment,

placement on inactive status, permanent retirement, or

decertification of an attorney. There are 16 Rules that provide

a basis for the suspension or termination of an attorney’s

authority to practice law or for the restoration of that

authority. They tend to fall into two categories – those that

result from proceedings before the Attorney Grievance Commission

and those that do not.

In cases of a disbarment, suspension, placement on inactive

status, or permanent retirement, which come through the Attorney

Grievance Commission, the Clerk strikes the name of the attorney

from the register of attorneys, subject, except in the case of a

permanent retirement, to reentering the name should the attorney

ever be reinstated. The Clerk does not strike the name of an

attorney whose authority to practice is suspended because of a

decertification order due to failure to file an IOLTA Report

under Rule 19-409 or a pro bono service Report under Rule 19-503

or for failure to comply with the attorney’s obligations to the

Client Protection Fund under Rule 19-606. The reason for that is

that those suspensions (1) are more numerous, and (2) in most

cases, are of short duration. That distinction is maintained in

Rule 19-761.

The other duty of the Clerk is to send notice of the

suspension or termination of the attorney’s authority to practice

law to various people, mostly the clerks of the trial courts.

Until recently, the list of persons notified varied. With the

approval of Ms. Bessie Decker, the current Clerk, the Committee

recommends one list of persons to be notified, without regard to

the nature of the suspension. The clerks of the trial courts,

and of the Federal courts in which a Maryland attorney may

practice – the U.S. Supreme Court, the U.S. Court of Appeals for

the Fourth Circuit, and the U.S. District Court for the District

of Maryland – should be informed of when a Maryland attorney’s

authority to practice has been suspended or terminated for any

reason. The notices may be sent electronically, so there should

be no undue burden on the Clerk of the Court of Appeals.

-14-

Mostly because of the renumbering of these Rules, conforming

amendments need to be made a host of other Rules. A list of

those Rules to which conforming amendments are recommended is

attached as an Appendix to this Report.

For the further guidance of the Court and the public,

following the proposed new Rules and the proposed amendments to

each of the existing Rules is a Reporter’s note describing in

further detail the reasons for the proposals. We caution that

the Reporter’s notes are not part of the Rules, have not been

debated or approved by the Committee, and are not to be regarded

as any kind of official comment or interpretation. They are

included solely to assist the Court in understanding some of the

reasons for the proposed changes.

Respectfully submitted,

Alan M. Wilner

Chair

AMW:cdc

cc: Bessie M. Decker, Clerk

-15-

APPENDIX: Conforming Amendments

Following is a list of Rules to which conforming amendments

are proposed:

Rule 1-101 (Applicability)

Rule 1-312 (Requirements of Signing Attorney)

Rule 1-322 (Filing of Pleadings, Papers, and Other

Items)

Rule 1-322.1 (Exclusion of Personal Identifier

Information in Court Filings)

Rule 1-325 (Waiver of Costs Due to Indigence –

Generally)

Rule 1-326 (Proceedings Regarding Victims and Victims’

Representatives)

Rule 1-333 (Court Interpreters)

Rule 1-351 (Order Upon Ex Parte Application Prohibited

– Exceptions)

Rule 2-111 (Process – Requirements Preliminary to

Summons)

Rule 2-112 (Process – Issuance of Summons)

Rule 2-131 (Appearance)

Rule 2-504 (Scheduling Order)

Rule 2-504.1 (Scheduling Conference)

Rule 2-508 (Continuance or Postponement)

Rule 2-512 (Jury Selection)

Rule 2-516 (Exhibits and Recordings)

Rule 2-601 (Entry of Judgment)

Rule 2-652 (Enforcement of Attorney’s Liens)

Rule 3-131 (Appearance)

Rule 3-508 (Continuance or Postponement)

Rule 3-601 (Entry of Judgment)

Rule 4-214 (Defense Counsel)

Rule 4-216 (Pretrial Release – Authority of Judicial

Officer; Procedure)

Rule 4-217 (Bail Bonds)

Rule 4-263 (Discovery in Circuit Court)

Rule 4-312 (Jury Selection)

Rule 4-322 (Exhibits, Computer-Generate Evidence, and

Recordings)

Rule 4-327 (Verdict – Jury)

Rule 5-410 (Inadmissibility of Pleas, Plea Discussions,

and Related Statements)

Rule 5-605 (Competency of Judge as Witness)

Rule 6-108 (Register of Wills – Acceptance of Papers)

Rule 7-113 Appeals Heard on the Record)

Rule 8-402 (Appearance of Counsel)

Rule 8-411 (Transcript)

Rule 8-415 (Procedures Applicable When Lower Court

Record is Made by Videotape Recording)

-16-

Rule 9-203 (Financial Statements)

Rule 9-204 (Educational Seminar)

Rule 9-205 (Mediation of Child Custody and Visitation

Disputes)

Rule 9-205.2 (Parenting Coordination)

Rule 9-208 (Referral of Matters to Magistrates)

Rule 10-106 (Appointment of Attorney or Investigator)

Rule 11-106 (Right to Counsel)

Rule 15-207 (Constructive Contempt; Further

Proceedings)

Rule 15-1103 (Initiation of Proceeding to Content

Isolation or Quarantine)

Rule 17-205 (Qualifications of Court-Designated

Mediators)

Rule 17-206 (Qualifications of Court-Designated ADR

Practitioners Other than Mediators)

Rule 17-207 (Procedure for Appeal)

Rule 17-506 (Scope of Representation)

Rule 20-101 (Definitions)

Rule 20-109 (Access to Electronic Court Records)

Rule 20-203 (Review by Clerk; Striking of Submission;

Delinquency Notice; Correction; Enforcement)

Rule 20-405 (Other Submissions)

Rule 20-502 (Removal to and Remand from the United

States District Court)

Rule 20-503 (Archival of Records)

Rule 20-504 (Agreements with Vendors)

-17-

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND

CHARACTER COMMITTEES

Rule 19-101.

Rule 19-102.

Rule 19-103.

Rule 19-104.

Rule 19-105.

DEFINITIONS

STATE BOARD OF LAW EXAMINERS

CHARACTER COMMITTEES

SUBPOENA POWER

CONFIDENTIALITY

CHAPTER 200 – ADMISSION TO THE BAR

GENERAL ADMISSION

Rule 19-201.

Rule 19-202.

Rule 19-203.

Rule 19-204.

Rule 19-205.

Rule 19-206.

Rule 19-207.

Rule 19-208.

Rule 19-209.

Rule 19-210.

Rule 19-211.

ELIGIBILITY TO TAKE BAR EXAMINATION

APPLICATION FOR ADMISSION AND PRELIMINARY

DETERMINATION OF ELIGIBILITY

CHARACTER REVIEW

PETITION TO TAKE A SCHEDULED EXAMINATION

APPEAL OF DENIAL OF ADA TEST ACCOMMODATION REQUEST

BAR EXAMINATION

NOTICE OF GRADES AND REVIEW PROCEDURE

RE-EXAMINATION AFTER FAILURE

REPORT TO COURT – ORDER

REQUIRED ORIENTATION PROGRAM

ORDER OF ADMISSION; TIME LIMITATION

ADMISSION OF OUT-OF-STATE ATTORNEYS

Rule 19-212.

Rule 19-213.

Rule 19-214.

ELIGIBILITY OF OUT-OF-STATE ATTORNEYS FOR ADMISSION

BY ATTORNEY EXAMINATION

ADMISSION OF OUT-OF-STATE ATTORNEYS BY ATTORNEY

EXAM - PROCEDURE

SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEYS PRO HAC

VICE

SPECIAL AUTHORIZATION TO PRACTICE

Rule 19-215.

Rule 19-216.

Rule 19-217.

SPECIAL AUTHORIZATION FOR OUT-OF-STATE ATTORNEYS

AFFILIATED WITH PROGRAMS PROVIDING LEGAL SERVICES

TO LOW-INCOME INDIVIDUALS

SPECIAL AUTHORIZATION FOR MILITARY SPOUSE ATTORNEYS

LEGAL ASSISTANCE BY LAW STUDENTS

-18-

MISCELLANEOUS PROVISIONS

Rule 19-218.

Rule 19-219.

ADDITIONAL CONDITIONS PRECEDENT TO THE PRACTICE OF

LAW

SUSPENSION OR REVOCATION OF ADMISSION

RULES OF THE BOARD

Board Rule 1.

Board Rule 2.

Board Rule 3.

Board Rule 4.

Board Rule 5.

Board Rule 6.

Board Rule 7.

APPLICATION FEES

FILING LATE FOR GOOD CAUSE

TEST ACCOMMODATIONS PURSUANT TO THE AMERICANS WITH

DISABILITIES ACT

EXAMINATION – SUBJECT MATTER

EXAMINATION FORMAT, SCORING AND PASSING STANDARD

OUT-OF-STATE ATTORNEY EXAMINATION

ELIGIBILITY TO TAKE THE EXAMINATION PURSUANT TO

RULE 19-201 (b)(2)

APPENDIX 19-A: FORMS FOR SPECIAL ADMISSION OF

OUT-OF-STATE ATTORNEY

Form 19-A.1.

Form 19-A.2.

MOTION FOR SPECIAL ADMISSION OF OUT-OF-STATE

ATTORNEY UNDER Rule 19-214

ORDER

CHAPTER 300 – MARYLAND ATTORNEYS’ RULES OF PROFESSIONAL CONDUCT

Rule 19-300.1.

Rule 19-301.0.

PREAMBLE

TERMINOLOGY (1.0)

CLIENT-ATTORNEY RELATIONSHIP

Rule 19-301.1.

Rule 19-301.2.

COMPETENCE (1.1)

SCOPE OF REPRESENTATION AND ALLOCATION OF

AUTHORITY BETWEEN CLIENT AND ATTORNEY (1.2)

Rule 19-301.3. DILIGENCE (1.3)

Rule 19-301.4. COMMUNICATION (1.4)

Rule 19-301.5. FEES (1.5)

Rule 19-301.6. CONFIDENTIALITY OF INFORMATION (1.6)

Rule 19-301.7. CONFLICT OF INTEREST – GENERAL RULE (1.7)

Rule 19-301.8. CONFLICT OF INTEREST; CURRENT CLIENTS; SPECIFIC

RULES (1.8)

Rule 19-301.9. DUTIES TO FORMER CLIENTS (1.9)

Rule 19-301.10. IMPUTATION OF CONFLICT OF INTEREST – GENERAL

RULE (1.10)

Rule 19-301.11. SPECIAL CONFLICT OF INTEREST FOR FORMER AND

CURRENT GOVERNMENT OFFICERS AND EMPLOYEES (1.11)

-19-

Rule 19-301.12. FORMER JUDGE, ARBITRATOR, MEDIATOR, OR OTHER

THIRD-PARTY NEUTRAL (1.12)

Rule 19-301.13. ORGANIZATION AS CLIENT (1.13)

Rule 19-301.14. CLIENT WITH DIMINISHED CAPACITY (1.14)

Rule 19-301.15. SAFEKEEPING PROPERTY (1.15)

Rule 19-301.16. DECLINING OR TERMINATING REPRESENTATION (1.16)

Rule 19-301.17. SALE OF LAW PRACTICE (1.17)

Rule 19-301.18. DUTIES TO PROSPECTIVE CLIENT (1.18)

COUNSELOR

Rule 19-302.1.

Rule 19-302.3.

Rule 19-302.4.

ADVISOR (2.1)

EVALUATION FOR USE BY THIRD PARTIES (2.3)

ATTORNEY SERVING AS THIRD-PARTY NEUTRAL (2.4)

ADVOCATE

Rule 19-303.1.

Rule 19-303.2.

Rule 19-303.3.

Rule 19-303.4.

Rule 19-303.5.

Rule 19-303.6.

Rule 19-303.7.

Rule 19-303.8.

Rule 19-303.9.

MERITORIOUS CLAIMS AND CONTENTIONS (3.1)

EXPEDITING LITIGATION (3.2)

CANDOR TOWARD THE TRIBUNAL (3.3)

FAIRNESS TO OPPOSING PARTY AND ATTORNEY (3.4)

IMPARTIALITY AND DECORUM OF THE TRIBUNAL (3.5)

TRIAL PUBLICITY (3.6)

ATTORNEY AS WITNESS (3.7)

SPECIAL RESPONSIBILITIES OF A PROSECUTOR (3.8)

ADVOCATE IN NON-ADJUDICATIVE PROCEEDINGS (3.9)

TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

Rule 19-304.1.

Rule 19-304.2.

Rule 19-304.3.

Rule 19-304.4.

TRUTHFULNESS IN STATEMENTS TO OTHERS (4.1)

COMMUNICATIONS WITH PERSONS REPRESENTED BY

AN ATTORNEY (4.2)

DEALING WITH UNREPRESENTED PERSON (4.3)

RESPECT FOR RIGHTS OF THIRD PERSONS (4.4)

LAW FIRMS AND ASSOCIATIONS

Rule 19-305.1.

Rule 19-305.2.

Rule 19-305.3.

Rule 19-305.4.

Rule 19-305.5.

Rule 19-305.6.

Rule 19-305.7.

RESPONSIBILITIES OF PARTNERS, MANAGERS, AND

SUPERVISORY ATTORNEYS (5.1)

RESPONSIBILITIES OF A SUBORDINATE ATTORNEY (5.2)

RESPONSIBILITIES REGARDING NON-ATTORNEY

ASSISTANTS (5.3)

PROFESSIONAL INDEPENDENCE OF AN ATTORNEY (5.4)

UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW (5.5)

RESTRICTIONS ON RIGHT TO PRACTICE (5.6)

RESPONSIBILITIES REGARDING LAW-RELATED SERVICES

(5.7)

-20-

PUBLIC SERVICE

Rule 19-306.1.

Rule 19-306.2.

Rule 19-306.3.

Rule 19-306.4.

Rule 19-306.5.

PRO BONO PUBLIC SERVICE (6.1)

ACCEPTING APPOINTMENTS (6.2)

MEMBERSHIP IN LEGAL SERVICES ORGANIZATION (6.3)

LAW REFORM ACTIVITIES AFFECTING CLIENT INTERESTS

(6.4)

NON-PROFIT AND COURT-ANNEXED LIMITED LEGAL

SERVICES PROGRAMS (6.5)

INFORMATION ABOUT LEGAL SERVICES

Rule 19-307.1.

Rule 19-307.2.

Rule 19-307.3.

Rule 19-307.4.

Rule 19-307.5.

COMMUNICATIONS CONCERNING AN ATTORNEYS’ SERVICES

(7.1)

ADVERTISING (7.2)

DIRECT CONTACT WITH PROSPECTIVE CLIENTS (7.3)

COMMUNICATION OF FIELDS OF PRACTICE (7.4)

FIRM NAMES AND LETTERHEADS (7.5)

MAINTAINING THE INTEGRITY OF THE PROFESSION

Rule 19-308.1.

Rule 19-308.2.

Rule 19-308.3.

Rule 19-308.4.

Rule 19-308.5.

BAR ADMISSION AND DISCIPLINARY MATTERS (8.1)

JUDICIAL AND LEGAL OFFICIALS (8.2)

REPORTING PROFESSIONAL MISCONDUCT (8.3)

MISCONDUCT (8.4)

DISCIPLINARY AUTHORITY; CHOICE OF LAW (8.5)

APPENDIX 19-B:

IDEALS OF PROFESSIONALISM

APPENDIX 19-C: GUIDELINES OF ADVOCACY FOR

ATTORNEYS REPRESENTING CHILDREN IN CINA AND RELATED

TPR AND ADOPTION PROCEEDINGS

APPENDIX 19-D: GUIDELINES FOR PRACTICE FOR COURT-APPOINTED

ATTORNEYS REPRESENTING CHILDREN IN CASES

INVOLVING CHILD CUSTODY OR CHILD ACCESS

CHAPTER 400 – ATTORNEY TRUST ACCOUNTS

Rule 19-401.

Rule 19-402.

Rule 19-403.

Rule 19-404.

Rule 19-405.

Rule 19-406.

Rule 19-407.

Rule 19-408.

Rule 19-409.

APPLICABILITY

DEFINITIONS

DUTY TO MAINTAIN ACCOUNT

TRUST ACCOUNT – REQUIRED DEPOSITS

DUTY OF ATTORNEY TO NOTIFY INSTITUTION

NAME AND DESIGNATION OF ACCOUNT

ATTORNEY TRUST ACCOUNT RECORD-KEEPING

COMMINGLING OF FUNDS

INTEREST ON FUNDS

-21-

Rule 19-410.

Rule 19-411.

Rule 19-412.

Rule 19-413.

PROHIBITED TRANSACTIONS

APPROVAL OF FINANCIAL INSTITUTIONS

NOTICE OF APPROVED INSTITUTIONS

ENFORCEMENT

CHAPTER 500 - PRO BONO LEGAL SERVICES

Rule 19-501.

Rule 19-502.

Rule 19-503.

Rule 19-504.

Rule 19-505.

STATE PRO BONO COMMITTEE AND PLAN

LOCAL PRO BONO COMMITTEES AND PLANS

REPORTING PRO BONO LEGAL SERVICE

PRO BONO ATTORNEY

LIST OF PRO BONO AND LEGAL SERVICES PROGRAMS

CHAPTER 600 – CLIENT PROTECTION FUND

Rule 19-601.

Rule 19-602.

Rule 19-603.

Rule 19-604.

Rule 19-605.

Rule 19-606.

Rule 19-607.

Rule 19-608.

Rule 19-609.

Rule 19-610.

Rule 19-611.

DEFINITIONS

PURPOSE

APPOINTMENT, COMPENSATION, MEETINGS OF TRUSTEES

POWERS AND DUTIES OF TRUSTEES, TREASURER

OBLIGATIONS OF ATTORNEYS

ENFORCEMENT OF OBLIGATIONS

DISHONORED CHECKS

NOTICES CONCERNING TEMPORARY SUSPENSIONS

CLAIMS

JUDICIAL REVIEW

SUPERVISORY AUTHORITY OF COURT OF APPEALS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

GENERAL PROVISIONS

Rule 19-701.

Rule 19-702.

Rule 19-703.

Rule 19-704.

Rule 19-705.

Rule 19-706.

Rule 19-707.

Rule 19-708.

Rule 19-709.

DEFINITIONS

ATTORNEY GRIEVANCE COMMISSION

BAR COUNSEL

PEER REVIEW COMMITTEE

DISCIPLINARY FUND

SANCTIONS AND REMEDIES

CONFIDENTIALITY

SERVICE OF PAPERS ON ATTORNEY

COSTS

ADMINISTRATIVE PROCEEDINGS

Rule 19-711.

Rule 19-712.

Rule 19-713.

COMPLAINT; INVESTIGATION BY BAR COUNSEL

INVESTIGATIVE SUBPOENA

PERPETUATION OF EVIDENCE BEFORE PETITION FOR

DISCIPLINARY OR REMEDIAL ACTION

-22-

Rule 19-714.

Rule 19-715.

Rule 19-716.

Rule 19-717.

Rule 19-718.

Rule 19-719.

Rule 19-720.

ACTION BY BAR COUNSEL UPON COMPLETION OF

INVESTIGATION

DISMISSAL OF COMPLAINT; TERMINATION OF DISCIPLINARY

OR REMEDIAL PROCEEDING

CONDITIONAL DIVERSION AGREEMENT

REPRIMAND BY COMMISSION

STATEMENT OF CHARGES

PEER REVIEW PANEL

PEER REVIEW PROCESS

PROCEEDINGS ON PETITION FOR DISCIPLINARY

OR REMEDIAL ACTION

Rule 19-721.

Rule 19-722.

Rule 19-723.

Rule 19-724.

Rule 19-725.

Rule 19-726.

Rule 19-727.

Rule 19-728.

Rule 19-729.

PETITION FOR DISCIPLINARY OR REMEDIAL ACTION

ORDER DESIGNATING JUDGE AND CLERK

SERVICE OF PETITION AND ORDER

ANSWER

PLEADINGS; MOTIONS; AMENDMENTS

DISCOVERY

JUDICIAL HEARING

POST-HEARING PROCEEDINGS

PROCEEDINGS IN COURT OF APPEALS

SPECIAL PROCEEDINGS

Rule 19-731.

Rule 19-732.

Rule 19-733.

Rule 19-734.

Rule 19-735.

Rule 19-736.

Rule 19-737.

Rule 19-738.

Rule 19-739.

Rule 19-740.

AUDIT OF ATTORNEY ACCOUNTS AND RECORDS

INJUNCTION; EXPEDITED ACTION

REFERRAL FROM CHILD SUPPORT ENFORCEMENT

ADMINISTRATION

CONSERVATOR OF CLIENT MATTERS

RESIGNATION OF ATTORNEY

CONSENT TO DISCIPLINE OR INACTIVE STATUS

RECIPROCAL DISCIPLINE OR INACTIVE STATUS

DISCIPLINE ON CONVICTION OF CRIME

SUMMARY PLACEMENT ON INACTIVE STATUS

PERMANENT RETIRED STATUS

DISPOSITIONS BY COURT OF APPEALS

Rule 19-741.

Rule 19-742.

Rule 19-743.

Rule 19-744.

DISPOSITION - GENERALLY

ORDER OF DISBARMENT OR SUSPENSION

ORDER OF REPRIMAND

PLACEMENT ON INACTIVE STATUS

REINSTATEMENT

Rule 19-751.

Rule 19-752.

REINSTATEMENT - SUSPENSION SIX MONTHS OR LESS

REINSTATEMENT - OTHER SUSPENSION; DISBARMENT;

INACTIVE STATUS; RESIGNATION

-23-

Rule 19-761.

DUTIES OF CLERK OF COURT OF APPEALS

-24-

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND

CHARACTER COMMITTEES

TABLE OF CONTENTS

Rule 19-101.

DEFINITIONS

(a) ADA

(b) Applicant; Petitioner

(d) Court

(e) Filed

(f) MBE

(g) MPT

(h) Oath

(i) State

Rule 19-102.

STATE BOARD OF LAW EXAMINERS

(a) Appointment

(b) Quorum

(1) Generally

(2) Adoption of Rules

(d) Amendment of Board Rules – Posting

(e) Professional Assistants

(f) Compensation of Board Members and Assistants

(g) Secretary to the Board

(h) Fees

Rule 19-103.

CHARACTER COMMITTEES

Rule 19-104.

SUBPOENA POWER

(a) Subpoena

(1) Issuance

(2) Name of Applicant

(3) Return

-25-

(4) Dockets and Files

(5) Action to Quash or Enforce

(b) Sanctions

Rule 19-105.

CONFIDENTIALITY

(a) Proceedings Before Accommodations Review Committee,

Character Committee, or Board

(b) Right of Applicant

(1) Right to Attend Hearings and Inspect Papers

(2) Exclusions

(d) Proceedings and Access to Records in the Court of

Appeals

-26-

Rule 19-101

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND

CHARACTER COMMITTEES

Rule 19-101.

DEFINITIONS

In this Chapter and Chapter 200 of this Title, the following

definitions apply, except as expressly otherwise provided or as

necessary implication requires:

(a)

ADA

"ADA" means the Americans with Disabilities Act as

amended, 42 U.S.C. §12101, et seq.

(b)

Applicant; Petitioner

“Applicant” means an individual who applies for admission

to the Bar of Maryland (1) pursuant to Rule 19-202, or (2) as a

“petitioner” under Rule 19-213.

(c)

Board

"Board" means the Board of Law Examiners of the State of

Maryland.

(d)

Court

"Court" means the Court of Appeals of Maryland.

(e)

Filed

"Filed" means received in the office of the Secretary of

the Board during normal business hours.

(f)

MBE

"MBE" means the Multi-state Bar Examination published by

-27-

Rule 19-101

the National Conference of Bar Examiners.

(g)

MPT

"MPT" means the Multistate Performance Test published by

the National Conference of Bar Examiners.

(h)

Oath

"Oath" means a declaration or affirmation made under the

penalties of perjury that a certain statement of fact is true.

(i)

State

"State" means (1) a state, possession, territory, or

commonwealth of the United States or (2) the District of

Columbia.

Source: This Rule is derived from former Rule 1 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-101 is derived from current Rule 1 of the Rules

Governing Admission to the Bar of Maryland (RGAB), with style

changes.

-28-

Rule 19-102

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND

CHARACTER COMMITTEES

Rule 19-102.

(a)

STATE BOARD OF LAW EXAMINERS

Appointment

There is a State Board of Law Examiners.

consist of seven members appointed by the Court.

The Board shall

Each member

shall have been admitted to practice law in Maryland.

The terms

of members shall be as provided in Code, Business Occupations and

Professions Article, §10-202 (c).

(b)

Quorum

A majority of the authorized membership of the Board is a

quorum.

(c)

Authority

(1) Generally

The Board shall exercise the authority and perform the

duties assigned to it by the Rules in this Chapter and Chapter

200 of this Title, including general supervision over the

character and fitness requirements and procedures set forth in

those Rules and the operations of the character committees.

(2) Adoption of Rules

The Board may adopt rules to carry out the requirements

of this Chapter and Chapter 200 of this Title.

Board shall follow Chapter 200 of Title 19.

-29-

The Rules of the

Rule 19-102

(d)

Amendment of Board Rules - Posting

Any amendment of the Board's rules shall be posted on the

Judiciary website at least 45 days before the examination at

which it is to become effective, except that an amendment that

substantially increases the area of subject-matter knowledge

required for any examination shall be posted at least one year

before the examination.

(e) Professional Assistants

The Board may appoint the professional assistants

necessary for the proper conduct of its business.

Each

professional assistant shall be an attorney admitted by the Court

of Appeals and shall serve at the pleasure of the Board.

Committee note: Professional assistants primarily assist in

writing and grading the bar examination. Section (e) does not

apply to the secretary or administrative staff.

(f)

Compensation of Board Members and Assistants

The members of the Board and assistants shall receive the

compensation fixed by the Court.

(g)

Secretary to the Board

The Court may appoint a secretary to the Board, to hold

office at the pleasure of the Court.

The secretary shall have

the administrative powers and duties prescribed by the Board and

shall serve as the administrative director of the Office of the

State Board of Law Examiners.

(h)

Fees

The Board shall prescribe the fees, subject to approval by

the Court, to be paid by applicants under Rules 19-202, 19-204,

-30-

Rule 19-102

and 19-208 and by petitioners under Rule 19-213.

Cross reference: See Code, Business Occupations and Professions

Article, §10-208 (b) for maximum examination fee allowed by law.

Source: This Rule is derived as follows:

Section (a) is new.

Section (b) is new.

Sections (c) through (g) are derived from former Rule 20 of the

Rules Governing Admission to the Bar of Maryland (2016).

Section (h) is derived from former Rule 18 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-102 is derived from current RGAB 20 and 18, with

style changes. Sections (a) and (b) are new and include the

provisions of Code, Business Occupations and Professions Article,

§10-202 concerning the composition of the Board and quorum

requirements.

Subsection (c)(1) is new. It implements a recommendation of

the Maryland Professionalism Center Bar Admission Task Force that

the character and fitness procedure be put under the purview of

the Board.

Section (d) is updated to require posting on the Judiciary

website, rather than publication in a newspaper.

Section (e) is clarified by the addition of the word

“professional” in the tagline and text and by the addition of a

Committee note.

-31-

Rule 19-103

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND

CHARACTER COMMITTEES

Rule 19-103.

CHARACTER COMMITTEES

The Court shall appoint a Character Committee for each of

the seven Appellate Judicial Circuits of the State.

Each

Character Committee shall consist of not less than five members

whose terms shall be five years each, except that in the Sixth

Appellate Judicial Circuit the term of each member shall be two

years.

The terms shall be staggered.

The Court shall designate

the chair of each Committee and vice chair, if any.

For each

application referred to a Character Committee, the Board shall

remit to the Committee a sum to defray some of the expense of the

investigation.

Cross reference:

Procedure.

See Rule 19-203 for the Character Review

Source: This Rule is derived from former Rule 17 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-103 is derived from current RGAB 17, with the

addition of a reference to a vice chair, if any, and a cross

reference to the Rule concerning the character review procedure

itself. The reference to “compensation” is replaced by a

sentence that more accurately describes the sums paid by the

Board to the Character Committees.

-32-

Rule 19-104

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND

CHARACTER COMMITTEES

Rule 19-104.

(a)

SUBPOENA POWER

Subpoena

(1) Issuance

In any proceeding before the Board or a Character

Committee pursuant to Rule 19-203 or Rule 19-213, the Board or

Committee, on its own initiative or the motion of an applicant,

may cause a subpoena to be issued by a clerk pursuant to Rule 2510.

The subpoena shall issue from the Circuit Court for Anne

Arundel County if incident to Board proceedings or from the

circuit court in the county in which the Character Committee

proceeding is pending.

The proceedings shall be docketed in the

issuing court and shall be sealed and shielded from public

inspection.

(2) Name of Applicant

The subpoena shall not divulge the name of the applicant,

except to the extent this requirement is impracticable.

(3) Return

The sheriff's return shall be made as directed in the

subpoena.

(4) Dockets and Files

The Character Committee or the Board, as applicable,

-33-

Rule 19-104

shall maintain dockets and files of all papers filed in the

proceedings.

(5) Action to Quash or Enforce

Any action to quash or enforce a subpoena shall be filed

under seal and docketed as a miscellaneous action in the court

that issued the subpoena.

Cross reference:

(b)

See Rule 16-906 (g)(3).

Sanctions

If a person subpoenaed to appear and give testimony or to

produce books, documents, or other tangible things fails to do

so, the party who requested the subpoena, by motion that does not

divulge the name of the applicant, except to the extent that this

requirement is impracticable, may request the court to issue an

attachment pursuant to Rule 2-510 (j), or to cite the person for

contempt pursuant to Title 15, Chapter 200 of the Maryland Rules,

or both.

(c)

Any such motion shall be filed under seal.

Court Costs

All court costs in proceedings under this Rule shall be

assessable to and paid by the State.

Source: This Rule is derived from former Rule 22 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-104 is derived from current RGAB 22 with style

changes and the addition of provisions concerning sealing,

shielding, quashing, and enforcing subpoenas.

-34-

Rule 19-105

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND

CHARACTER COMMITTEES

Rule 19-105.

(a)

CONFIDENTIALITY

Proceedings Before Accommodations Review Committee,

Character Committee, or Board

Except as provided in sections (b), (c), and (d) of this

Rule, the proceedings before the Accommodations Review Committee

and its panels, a Character Committee, and the Board, including

related papers, evidence, and information, are confidential and

shall not be open to public inspection or subject to court

process or compulsory disclosure.

(b)

Right of Applicant

(1) Right to Attend Hearings and Inspect Papers

An applicant has the right to attend all hearings before

a panel of the Accommodations Review Committee, a Character

Committee, the Board, and the Court pertaining to his or her

application and, except as provided in subsection (b)(2) of this

Rule, to be informed of and inspect all papers, evidence, and

information received or considered by the panel, Committee or the

Board pertaining to the applicant.

(2) Exclusions

Subsection (b)(1) of this Rule does not apply to (A)

papers or evidence received, considered, or prepared by the

-35-

Rule 19-105

National Conference of Bar Examiners, a Character Committee, or

the Board if the Committee or Board, without a hearing,

recommends the applicant's admission; (B) personal memoranda,

notes, and work papers of members or staff of the National

Conference of Bar Examiners, a Character Committee, or the Board;

National Conference of Bar Examiners, a Character Committee, or

the Board; or (D) an applicant's bar examination grades and

answers, except as authorized in Rule 19-207 and Rule 19-213.

(c)

When Disclosure Authorized

The Board may disclose:

(1) statistical information that does not reveal the identity

of an individual applicant;

(2) the fact that an applicant has passed the bar examination

and the date of the examination;

(3) if the applicant has consented in writing, any material

pertaining to the applicant that the applicant would be entitled

to inspect under section (b) of this Rule;

(4) for use in a pending disciplinary proceeding against the

applicant as an attorney or judge, a pending proceeding for

reinstatement of the applicant as an attorney after suspension or

disbarment, or a pending proceeding for original admission of the

applicant to the Bar, any material pertaining to an applicant

requested by:

(A) a court of this State, another state, or the United

States;

-36-

Rule 19-105

(B) Bar Counsel, the Attorney Grievance Commission, or the

attorney disciplinary authority in another state;

investigating the character and fitness of an applicant for

admission to the bar of that jurisdiction, or

(D) Investigative Counsel, the Commission on Judicial

Disabilities, or the judicial disciplinary authority in another

jurisdiction;

(5) any material pertaining to an applicant requested by a

judicial nominating commission or the Governor of this or any

other State, a committee of the Senate of Maryland, the President

of the United States, or a committee of the United States Senate

in connection with an application by or nomination of the

applicant for judicial office;

(6) to a law school, the names of individuals who graduated

from that law school who took a bar examination, whether they

passed or failed the examination, and the number of bar

examination attempts by each individual;

(7) to the Maryland State Bar Association and any other bona

fide bar association in the State of Maryland, the name and

address of an individual recommended for bar admission pursuant

to Rule 19-209;

(8) to each entity selected to give the orientation program

required by Rule 19-210 and verify participation in it, the name

and address of an individual recommended for bar admission

pursuant to Rule 19-209;

-37-

Rule 19-105

(9) to the National Conference of Bar Examiners, the

following information regarding individuals who have filed

applications for admission pursuant to Rule 19-202 or petitions

to take the attorney's examination pursuant to Rule 19-213: the

applicant's name and any aliases, applicant number, birthdate,

Law School Admission Council number, law school, date that a

juris doctor or equivalent degree was conferred, bar examination

results and pass/fail status, and the number of bar examination

attempts;

(10) to any member of a Character Committee, the report of

any Character Committee or the Board following a hearing on an

application; and

(11) to the Child Support Enforcement Administration, upon

its request, the name, Social Security number, and address of an

individual who has filed an application pursuant to Rule 19-202

or a petition to take the attorney's examination pursuant to Rule

19-213.

Unless information disclosed pursuant to subsections (c)(4)

and (5) of this Rule is disclosed with the written consent of the

applicant, an applicant shall receive a copy of the information

and may rebut, in writing, any matter contained in it.

Upon

receipt of a written rebuttal, the Board shall forward a copy to

the individual or entity to whom the information was disclosed.

(d)

Proceedings and Access to Records in the Court of Appeals

(1) Subject to reasonable regulation by the Court of Appeals,

Bar Admission ceremonies shall be open.

-38-

Rule 19-105

(2) Unless the Court otherwise orders in a particular case:

(A) hearings in the Court of Appeals shall be open, and

(B) if the Court conducts a hearing regarding a bar

applicant, any report by the Accommodations Review Committee, a

Character Committee, or the Board filed with the Court, but no

other part of the applicant's record, shall be subject to public

inspection.

(3) The Court of Appeals may make any of the disclosures that

the Board may make pursuant to section (c) of this Rule.

(4) Except as provided in subsections (d)(1), (2), and (3) of

this Rule or as otherwise required by law, proceedings before the

Court of Appeals and the related papers, evidence, and

information are confidential and shall not be open to public

inspection or subject to court process or compulsory disclosure.

Source: This Rule is derived from former Rule 19 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

This Rule is derived from former RGAB 19 with style changes.

The State Board of Law Examiners recommends that more references

to the National Conference of Bar Examiners be included in the

Rule. References to the judicial nominating commission of other

States, governors of other States, and the President of the

United States are added. At the request of law schools, added to

subsection (c)(6) is the permitted disclosure to a law school of

the number of times an individual graduate of that law school

took the bar examination.

-39-

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

TABLE OF CONTENTS

Rule 19-201.

ELIGIBILITY TO TAKE BAR EXAMINATION

(a) Educational Requirements

(b) Waiver

Rule 19-202.

APPLICATION FOR ADMISSION AND PRELIMINARY

DETERMINATION OF ELIGIBILITY

(a) By Application

(b) Form of Application

(1) Without Intent to Take Particular Examination

(2) With Intent to Take Particular Examination

(3) Acceptance of Late Application

(d) Preliminary Determination of Eligibility

(e) Updated Application

(f) Withdrawal of Application

(g) Subsequent Application

Rule 19-203.

CHARACTER REVIEW

(a) Investigation and Report of Character Committee

(b) Hearing by Board

(d) Burden of Proof

(e) Continuing Review

Rule 19-204.

PETITION TO TAKE A SCHEDULED EXAMINATION

(a) Filing

(b) Request for Test Accommodation

(d) Affirmation and Verification of Eligibility

(e) Voiding of Examination Results for Ineligibility

-40-

(f) Certification by Law School

(g) Refunds

Rule 19-205.

APPEAL OF DENIAL OF ADA TEST ACCOMMODATION REQUEST

(a) Accommodations Review Committee

(1) Creation and Composition

(2) Term

(3) Reimbursement; Compensation

(4) Removal

(b) Procedure for Appeal

(1) Notice of Appeal

(2) Transmittal of Record

(3) Hearing

(4) Report

(d) Proceedings in the Court of Appeals

(e) If No Exceptions Filed

Rule 19-206.

BAR EXAMINATION

(a) Scheduling

(b) Purpose of Examination

(d) Grading

Rule 19-207.

NOTICE OF GRADES AND REVIEW PROCEDURE

(a) Notice of Grades; Alteration

(b) Review Procedure

Rule 19-208.

RE-EXAMINATION AFTER FAILURE

(a) Petition for Re-examination

(b) Request for Test Accommodation

(d) Deferment of Re-examination

(e) Three or More Failures - Re-examination Conditional

(f) No Refunds

Rule 19-209.

REPORT TO COURT – ORDER

(a) Report and Recommendations as to Applicants

(b) Order of Ratification

-41-

(d) Ratification of Board’s Report

Rule 19-210.

REQUIRED ORIENTATION PROGRAM

(a) Appointment of Work Group

(b) Contents of Program

(d) Duration; Materials; Participation from Remote Location

(e) Participation Requirement

Rule 19-211.

ORDER OF ADMISSION; TIME LIMITATION

(a) Order of Admission

(b) Time Limitation for Taking Oath - Generally

(d) Consequence of Failure to Take Oath Timely

Rule 19-212.

ELIGIBILITY OF OUT-OF-STATE ATTORNEYS FOR ADMISSION

BY ATTORNEY EXAMINATION

(a) Generally

(b) Required Professional Experience

(d) Duration of Professional Experience

(e) Exceptional Cases

Rule 19-213.

ADMISSION OF OUT-OF-STATE ATTORNEYS BY ATTORNEY

EXAM - PROCEDURE

(a) Petition

(b) Request for Test Accommodation

(d) Time for Filing

(e) Standard for Admission and Burden of Proof

(f) Action by Board on Petition

(g) Exceptions

(h) Attorney Examination

(i) Re-examination

(j) Report to Court - Order

(k) Required Orientation Program

(l) Time Limitation for Admission to the Bar

-42-

Rule 19-214.

SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEYS PRO HAC

VICE

(a) Motion for Special Admission

(1) Generally

(2) Where Filed

(3) Other Requirements

(b) Certification by Out-of-State Attorney

(d) Limitations on Out-of-State Attorney’s Practice

Rule 19-215.

SPECIAL AUTHORIZATION FOR OUT-OF-STATE ATTORNEYS

AFFILIATED WITH PROGRAMS PROVIDING LEGAL SERVICES

TO LOW-INCOME INDIVIDUALS

(a) Definition

(b) Eligibility

(d) Certificate of Authorization to Practice

(e) Automatic Termination

(f) Disciplinary Proceedings in Another Jurisdiction

(g) Revocation or Suspension

(h) Special Authorization not Admission

(i) Rules of Professional Conduct

(j) Reports

Rule 19-216.

SPECIAL AUTHORIZATION FOR MILITARY SPOUSE ATTORNEYS

(a) Definition

(b) Eligibility

(d) Certificate of Authorization to Practice

(e) Automatic Termination

(1) Cessation of Employment

(2) Change in Status

(f) Disciplinary Proceedings in Another Jurisdiction

(g) Revocation or Suspension

(h) Special Authorization not Admission

(i) Rules of Professional Conduct; Required Payments

(j) Reports

Rule 19-217.

LEGAL ASSISTANCE BY LAW STUDENTS

(a) Definitions

(1) Law School

(2) Clinical Program

-43-

(3) Externship

(4) Supervising Attorney

(b) Eligibility

(1) Contents and Filing

(2) Withdrawal or Suspension

(d) Practice

Rule 19-218.

ADDITIONAL CONDITIONS PRECEDENT TO THE PRACTICE OF

LAW

Rule 19-219.

SUSPENSION OR REVOCATION OF ADMISSION

-44-

Rule 19-201

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-201.

(a)

ELIGIBILITY TO TAKE BAR EXAMINATION

Educational Requirements

Subject to section (b) of this Rule, in order to take the

Maryland Bar examination an individual:

(1) shall have completed the pre-legal education necessary to

meet the minimum requirements for admission to a law school

approved by the American Bar Association; and

(2) shall have graduated or be unqualifiedly eligible for

graduation with a juris doctor or equivalent degree from a law

school (A) located in a state and (B) approved by the American

Bar Association.

(b)

Waiver

The Board may waive the requirements of subsection (a)(2)

of this Rule for an applicant who (1) has passed the bar

examination of another state, is a member in good standing of the

Bar of that state, and the Board finds is qualified by reason of

education or experience to take the bar examination; or (2) is

admitted to practice in a jurisdiction that is not defined as a

state by Rule 19-101 (i) and has obtained an additional degree

from a law school in Maryland approved by the American Bar

Association that meets the requirements prescribed by the Board

Rules.

-45-

Rule 19-201

(c)

Minors

If otherwise qualified, an applicant who is under 18 years

of age is eligible to take the bar examination but shall not be

admitted to the Bar until 18 years of age.

Source: This Rule is derived from former Rules 3 and 4 of the

Rules Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Subsection (a)(1) of Rule 19-201 is derived from current

RGAB 3. The remainder of the Rule is derived from current RGAB

4, as amended effective January 1, 2013.

-46-

Rule 19-202

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-202.

APPLICATION FOR ADMISSION AND PRELIMINARY

DETERMINATION OF ELIGIBILITY

(a)

By Application

An individual who meets the requirements of Rule 19-201 or

had the requirement of Rule 19-201 (a)(2) waived pursuant to Rule

19-201 (b) may apply for admission to the Bar of this State by

filing with the Board an application for admission, accompanied

by the prescribed fee.

(b)

Form of Application

The application shall be on a form prescribed by the Board

and shall be under oath.

The form shall elicit the information

the Board considers appropriate concerning the applicant's

character, education, and eligibility to become an applicant.

The application shall require the applicant to provide the

applicant’s Social Security number and shall include an

authorization to release confidential information pertaining to

the applicant’s character and fitness for the practice of law to

a Character Committee, the Board, and the Court.

(c)

(1)

Time for Filing

Without Intent to Take Particular Examination

At any time after the completion of pre-legal studies,

an individual may file an application to determine whether there

-47-

Rule 19-202

are any existing impediments, including reasons pertaining to the

individual’s character and the sufficiency of pre-legal

education, to the applicant's qualifications for admission.

(2)

With Intent to Take Particular Examination

An applicant who intends to take the examination in July

shall file the application no later than the preceding May 20.

An applicant who intends to take the examination in February

shall file the application no later than the preceding December

20.

(3)

Acceptance of Late Application

Upon written request of the applicant and for good cause

shown, the Board may accept an application filed after the

applicable deadline prescribed in subsection (c)(2) of this Rule.

If the applicant intends to take a particular bar examination,

the applicant shall also show good cause under Rule 19-204 (c)

for late filing of a petition.

If the Board rejects the

application for lack of good cause for the untimeliness, the

applicant may file an exception with the Court within five

business days after notice of the rejection is mailed.

(d)

Preliminary Determination of Eligibility

On receipt of an application, the Board shall determine

whether the applicant has met the pre-legal education

requirements set forth in Rule 19-201 (a) and in Code, Business

Occupations and Professions Article, §10-207.

If the Board

concludes that the requirements have been met, it shall forward

the character questionnaire portion of the application to a

-48-

Rule 19-202

Character Committee.

If the Board concludes that the

requirements have not been met, it shall promptly notify the

applicant in writing.

(e) Updated Application

If an application has been pending for more than three

years since the date of the applicant’s most recent application

or updated application, the applicant shall file with the Board

an updated application prior to filing a petition to take a

scheduled examination.

The updated application shall be under

oath, filed on the form prescribed by the Board, and accompanied

by the prescribed fee.

(f) Withdrawal of Application

At any time, an applicant may withdraw an application by

filing with the Board written notice of withdrawal.

No fees will

be refunded.

(g) Subsequent Application

An applicant who reapplies for admission after an earlier

application has been withdrawn or rejected pursuant to Rule 19203 must retake and pass the bar examination even if the

applicant passed the examination when the earlier application was

pending.

If the applicant failed the examination when the

earlier application was pending, the failure shall be counted

under Rule 19-208.

Source: This Rule is derived from former Rule 2 of the Rules

Governing Admission to the Bar of Maryland (2016).

-49-

Rule 19-202

REPORTER’S NOTE

Rule 19-202 is derived from current RGAB 2 with some

changes. The Committee note following current Rule 2 (a) is

deleted as superfluous. The Committee note following current

Rule 2 (c) is deleted, but the examples of “impediments” are

added to the text of the Rule.

In subsection (c)(2), the concept of a deadline followed by

a “late” deadline is replaced by one deadline per examination.

The reference to lack of good cause for untimeliness is

added to subsection (c)(3) for clarity, and to distinguish this

rejection from any other rejection of an application. The time

for filing an exception is clarified to read, “within five

business days after notice of the rejection is mailed.”

Section (e) is new. It requires the applicant to file an

updated application if the applicant’s most recent application

has been pending for more than three years.

-50-

Rule 19-203

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-203.

(a)

CHARACTER REVIEW

(1)

Investigation and Report of Character Committee

On receipt of a character questionnaire forwarded by the

Board pursuant to Rule 19-202 (d), the Character Committee shall

(A) through one of its members, personally interview the

applicant, (B) verify the facts stated in the questionnaire,

contact the applicant's references, and make any further

investigation it finds necessary or desirable, (C) evaluate the

applicant's character and fitness for the practice of law, and

(D) transmit to the Board a report of its investigation and a

recommendation as to the approval or denial of the application

for admission.

(2)

If the Committee concludes that there may be grounds for

recommending denial of the application, it shall notify the

applicant and schedule a hearing.

The hearing shall be recorded

verbatim by shorthand, stenotype, mechanical or electronic audio

recording methods, electronic word or text processing methods, or

any combination of those methods.

The applicant shall have the

right to testify, to present witnesses, and to be represented by

an attorney.

A transcript of the hearing shall be transmitted by

the Committee to the Board along with the Committee's report.

The Committee's report shall set forth findings of fact on which

-51-

Rule 19-203

the recommendation is based and a statement supporting the

conclusion.

The Committee shall mail a copy of its report to the

applicant, and a copy of the hearing transcript shall be

furnished to the applicant upon payment of reasonable costs.

(b)

Hearing by Board

If the Board concludes after review of the Character

Committee's report and the transcript that there may be grounds

for recommending denial of the application, it shall promptly

afford the applicant the opportunity for a hearing on the record

made before the Committee.

In its discretion, the Board, may

permit additional evidence to be submitted.

The Board shall mail

a copy of its report and recommendation to the applicant and the

Committee.

If the Board decides to recommend denial of the

application in its report to the Court, the Board shall first

give the applicant an opportunity to withdraw the application.

If the applicant withdraws the application, the Board shall

retain the records.

If the applicant elects not to withdraw the

application, the Board shall transmit to the Court a report of

its proceedings and a recommendation as to the approval or denial

of the application together with all papers relating to the

matter.

(c)

Review by Court

(1) After the Board submits its report and adverse

recommendation the Court shall require the applicant to show

cause why the application should not be denied.

(2) If the Board recommends approval of the application

-52-

Rule 19-203

contrary to an adverse recommendation by the Character Committee,

within 30 days after the filing of the Board's report, the

Committee may file with the Court exceptions to the Board's

recommendation.

The Committee shall mail copies of its

exceptions to the applicant and the Board.

(3)

Proceedings in the Court under section (c) of this Rule

shall be on the record made before the Character Committee and

the Board.

If the Court denies the application, the Board shall

retain the records.

(d)

Burden of Proof

The applicant bears the burden of proving to the Character

Committee, the Board, and the Court the applicant's good moral

character and fitness for the practice of law.

Failure or

refusal to answer fully and candidly any question in the

application or any relevant question asked by a member of the

Character Committee, the Board, or the Court is sufficient cause

for a finding that the applicant has not met this burden.

Committee note: Undocumented immigration status, in itself, does

not preclude admission to the Bar, provided that the applicant

otherwise has demonstrated good moral character and fitness.

(e)

Continuing Review

All applicants remain subject to further Character

Committee and Board review and report until admitted to the Bar.

Source: This Rule is derived from former Rule 5 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-203 is derived from current RGAB 5 with style

-53-

Rule 19-203

changes and a clarification of the existing requirement that a

hearing conducted by a Character Committee be on the record

supplemented by any additional evidence that the Board, in its

discretion, may allow. Additionally, a Committee note following

section (d) is added.

-54-

Rule 19-204

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-204.

(a)

PETITION TO TAKE A SCHEDULED EXAMINATION

Filing

An applicant may file a petition to take a scheduled bar

examination if (1) the applicant is eligible under Rule 19-201 to

take the bar examination, (2) the applicant has applied for

admission pursuant to Rule 19-202, and (3) the application has

not been withdrawn or rejected pursuant to Rule 19-203.

The

petition shall be under oath, filed on the form prescribed by the

Board, and accompanied by the prescribed fee.

(b)

Request for Test Accommodation

An applicant who seeks a test accommodation under the ADA

for the bar examination shall file with the Board an

"Accommodation Request" on a form prescribed by the Board,

together with the supporting documentation that the Board

requires.

The form and documentation shall be filed no later

than the deadline stated in section (c) of this Rule for filing a

petition to take a scheduled bar examination.

The Board may

reject an accommodation request that is (1) substantially

incomplete or (2) filed untimely if the untimeliness makes the

granting of the accommodation impracticable.

Committee note: An applicant who may need a test accommodation

is encouraged to file an Accommodation Request as early as

possible.

-55-

Rule 19-204

Cross reference: See Rule 19-205 for the procedure to appeal a

denial of a request for a test accommodation.

(c)

Time for Filing

An applicant who intends to take the examination in July

shall file the petition no later than the preceding May 20.

applicant who intends to take the examination in February shall

file the petition no later than the preceding December 20.

Upon

written request of an applicant and for good cause shown, the

Board may accept a petition filed after that deadline.

If the

Board rejects the petition for lack of good cause for the

untimeliness, the applicant may file an exception with the Court

within five business days after notice of the rejection is

mailed.

(d)

Affirmation and Verification of Eligibility

The petition to take an examination shall contain a

signed, notarized statement affirming that the applicant is

eligible to take the examination.

No later than the first day of

September following an examination in July or the fifteenth day

of March following an examination in February, the applicant

shall cause to be sent to the Office of the State Board of Law

Examiners an official transcript that reflects the date of the

award to the applicant of a qualifying degree under Rule 19-201.

(e)

Voiding of Examination Results for Ineligibility

If an applicant who is determined by the Board not to be

eligible under Rule 19-201 takes an examination, the applicant’s

petition shall be deemed invalid and the applicant’s examination

-56-

Rule 19-204

results shall be voided.

(f)

No fees shall be refunded.

Certification by Law School

Promptly following each bar examination, the Board shall

submit a list of applicants who identified themselves as

graduates of a particular law school and who sat for the most

recent bar examination to the law school for certification of

graduation and good moral character.

Not later than 45 days

after each examination, the law school dean or other authorized

official shall certify to the Board in writing (1) the date of

graduation of each of its graduates on the list or shall state

that the applicant is unqualifiedly eligible for graduation at

the next commencement exercise, naming the date; and (2) that

each of the applicants on the list, so far as is known to that

official, has not been guilty of any criminal or dishonest

conduct other than minor traffic offenses and is of good moral

character, except as otherwise noted.

(g)

Refunds

If an applicant withdraws the petition or fails to attend

and take the examination, the examination fee shall not be

refunded except for good cause shown.

The examination fee may

not be applied to a subsequent examination unless the applicant

is permitted by the Board to defer taking the examination or the

applicant establishes good cause for the withdrawal or failure to

attend.

Source: This Rule is derived from former Rule 6 of the Rules

Governing Admission to the Bar of Maryland (2016).

-57-

Rule 19-204

REPORTER’S NOTE

Amendments to current Rules 6 and 9 of the Rules Governing

Admission to the Bar of Maryland were proposed at the request of

the State Board of Law Examiners.

To allow the Board sufficient time to process a petition to

take an examination, in light of increases in the number of

applicants and the number of requests for accommodation under the

Americans With Disabilities Act, the time for filing the petition

was changed from 20 days before the scheduled examination to no

later than the preceding May 20th for the July examination or the

preceding December 20th for a February examination. A sentence

permitting the Board to reject an incomplete or untimely request

is added.

In section (c), the time for filing an exceptions is

clarified to read, “within five business days after notice of the

rejection is mailed.”

The requirement set forth in current Rule 6 (f) that a

certain certification by the applicant’s law school be included

in the petition was deleted. In its place were added new

sections (d) and (e). New section (d) requires the applicant to

affirm the applicant’s eligibility to take the examination and

provide an official law school transcript to the Board within a

certain time after the examination. New section (e) voids the

examination results of any applicant who is found to have been

ineligible to take the examination.

In section (g), Refunds, a provision pertaining to good

cause for withdrawal of the petition or failure to attend the

examination is added.

-58-

Rule 19-205

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-205.

APPEAL OF DENIAL OF ADA TEST ACCOMMODATION

REQUEST

(a) Accommodations Review Committee

(1)

Creation and Composition

There is an Accommodations Review Committee that shall

consist of nine members appointed by the Court of Appeals.

Six

members shall be attorneys admitted to practice in Maryland who

are not members of the Board.

attorneys.

Three members shall not be

Each non-attorney member shall be a licensed

psychologist or physician who, during the member's term, does not

serve the Board as a consultant or in any capacity other than as

a member of the Committee.

The Court shall designate one

attorney as Chair of the Committee and one attorney as Vice

Chair.

In the absence or disability of the Chair or upon express

delegation of authority by the Chair, the Vice Chair shall have

the authority and perform the duties of the Chair.

(2)

Term

Subject to subsection (a)(4) of this Rule, the term of

each member is five years.

A member may serve more than one

term.

(3)

Reimbursement; Compensation

A member is entitled to reimbursement for expenses

-59-

Rule 19-205

reasonably incurred in the performance of official duties in

accordance with standard State travel regulations.

In addition,

the Court may provide compensation for the members.

(4)

Removal

The Court of Appeals may remove a member of the

Accommodations Review Committee at any time.

(b) Procedure for Appeal

(1)

Notice of Appeal

An applicant whose request for a test accommodation

pursuant to the ADA is denied in whole or in part by the Board

may note an appeal to the Accommodations Review Committee by

filing a Notice of Appeal with the Board.

Committee note: It is likely that an appeal may not be resolved

before the date of the scheduled bar examination that the

applicant has petitioned to take. No applicant "has the right to

take a particular bar examination at a particular time, nor to be

admitted to the bar at any particular time." Application of

Kimmer, 392 Md. 251, 272 (2006). After an appeal has been

resolved, the applicant may file a timely petition to take a

later scheduled bar examination with the accommodation, if any,

granted as a result of the appeal process.

(2)

Transmittal of Record

Upon receiving a notice of appeal, the Board promptly

shall (A) transmit to the Chair of the Accommodations Review

Committee a copy of the applicant's request for a test

accommodation, all documentation submitted in support of the

request, the report of each expert retained by the Board to

analyze the applicant's request, and the Board's letter denying

the request and (B) mail to the applicant notice of the

transmittal and a copy of each report of an expert retained by

-60-

Rule 19-205

the Board.

(3)

Hearing

The Chair of the Accommodations Review Committee shall

appoint a panel of the Committee, consisting of two attorneys and

one non-attorney, to hold a hearing at which the applicant and

the Board have the right to present witnesses and documentary

evidence and be represented by an attorney.

In the interest of

justice, the panel may decline to require strict application of

the Rules in Title 5, other than those relating to the competency

of witnesses.

Lawful privileges shall be respected.

The hearing

shall be recorded verbatim by shorthand, stenotype, mechanical,

or electronic audio recording methods, electronic word or text

processing methods, or any combination of those methods.

(4)

Report

The panel shall (A) file with the Board a report

containing its recommendation, the reasons for the

recommendation, and findings of fact upon which the

recommendation is based, (B) mail a copy of its report to the

applicant, and (C) provide a copy of the report to the Chair of

the Committee.

(c)

Exceptions

Within 30 days after the report of the panel is filed with

the Board, the applicant or the Board may file with the Chair of

the Committee exceptions to the recommendation and shall mail a

copy of the exceptions to the other party.

Upon receiving the

exceptions, the Chair shall cause to be prepared a transcript of

-61-

Rule 19-205

the proceedings and transmit to the Court of Appeals the record

of the proceedings, which shall include the transcript and the

exceptions.

The Chair shall notify the applicant and the Board

of the transmittal to the Court and provide to each party a copy

of the transcript.

(d)

Proceedings in the Court of Appeals

Proceedings in the Court of Appeals shall be on the record

made before the panel.

The Court shall require the party who

filed exceptions to show cause why the exceptions should not be

denied.

(e)

If No Exceptions Filed

If no exceptions pursuant to section (c) of this Rule are

timely filed, no transcript of the proceedings before the panel

shall be prepared, the panel shall transmit its record to the

Board, and the Board shall provide the test accommodation, if

any, recommended by the panel.

Source: This Rule is derived from former Rule 6.1 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-205 is derived from current RGAB 6.1 with style

changes.

-62-

Rule 19-206

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-206.

(a)

BAR EXAMINATION

Scheduling

The Board shall administer a written examination twice

annually, once in February and once in July.

shall be held on two successive days.

The examination

The total duration of the

examination shall be not more than 12 hours nor less than nine

hours, unless extended at the applicant’s request pursuant to

Rules 19-204 and 19-205.

At least 30 days before an examination,

the Board shall publish and have posted on the Judiciary website

notice of the dates, times, and place or places of the

examination.

(b)

Purpose of Examination

The purpose of the bar examination is to enable applicants

to demonstrate their capacity to achieve mastery of foundational

legal doctrines, proficiency in fundamental legal skills, and

competence in applying both to solve legal problems consistent

with the highest ethical standards.

It is the policy of the

Court that no quota of successful applicants be set but that each

applicant be judged for fitness to be a member of the Bar as

demonstrated by the examination answers.

(c)

Format and Scope of Examination

The Board shall prepare the examination and may adopt the

-63-

Rule 19-206

MBE and the MPT as part of it.

essay test.

The examination shall include an

The Board shall define by rule the subject matter of

the essay test, but the essay test shall include at least one

question dealing in whole or in part with professional conduct.

(d)

(1)

Grading

The Board shall grade the examination and, by rule,

shall establish a passing grade for the examination.

The Board,

by rule, may provide that an applicant may satisfy the MBE part

of the Maryland examination requirement by applying a grade on an

MBE taken in another state at the same examination.

(2)

At any time before notifying applicants of the results,

the Board, in its discretion and in the interest of fairness, may

lower, but not raise, the passing grade it has established for

any particular administration of the examination.

Source: This Rule is derived from former Rule 7 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-206 is derived from current RGAB 7 with style

changes. Section (b), Purpose of Examination, is revised in

accordance with Recommendation 8 of the Professionalism Center

Bar Admission Task Force.

-64-

Rule 19-207

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-207.

NOTICE OF GRADES AND REVIEW PROCEDURE

(a) Notice of Grades; Alteration

The Board shall send notice of examination results to each

applicant by regular mail, postage prepaid.

Successful

applicants shall be notified only that they have passed.

Unsuccessful applicants shall be given their grades in the detail

the Board considers appropriate.

Thereafter, the Board may not

alter any applicant’s grades except when necessary to correct a

clerical error.

(b) Review Procedure

On written request filed with the Board within 60 days

after the date the examination results are mailed, unsuccessful

applicants, in accordance with the procedures prescribed by the

Board, may (1) review their essay test answers and the Board's

analysis for the essay test, (2) review their MPT answer books,

(3) order the National Conference of Bar Examiners' MPT Point

Sheet and Grading Guidelines, and (4) upon payment of the

required costs, obtain confirmation of their MBE scores.

further review of the MBE shall be permitted.

Source: This Rule is derived from former Rule 8 of the Rules

Governing Admission to the Bar of Maryland (2016).

-65-

Rule 19-207

REPORTER’S NOTE

Rule 19-207 is derived from current RGAB 8 with style

changes.

-66-

Rule 19-208

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-208.

(a)

RE-EXAMINATION AFTER FAILURE

Petition for Re-examination

An unsuccessful applicant may file a petition to take

another scheduled examination.

The petition shall be on the form

prescribed by the Board and shall be accompanied by the required

examination fee.

(b)

Request for Test Accommodation

An applicant who seeks a test accommodation under the ADA

for the bar examination shall file with the Board an

"Accommodation Request" on a form prescribed by the Board,

together with any supporting documentation that the Board

requires.

The form and documentation shall be filed no later

than the deadline stated in section (c) of this Rule for filing a

petition to take a scheduled bar examination.

Committee note: An applicant who may need a test accommodation

is encouraged to file an Accommodation Request as early as

possible.

Cross reference: See Rule 19-205 for the procedure to appeal a

denial of a request for a test accommodation.

(c)

Time for Filing

An applicant who intends to take the July examination

shall file the petition, together with the prescribed fee, no

later than the preceding May 20.

-67-

An applicant who intends to

Rule 19-208

take the examination in February shall file the petition,

together with the prescribed fee, no later than the preceding

December 20.

Upon written request of an applicant and for good

cause shown, the Board may accept a petition filed after that

deadline.

If the Board rejects the petition for lack of good

cause for the untimeliness, the applicant may file an exception

with the Court within five business days after notice of the

rejection is mailed.

(d)

Deferment of Re-examination

To meet scheduling needs at either the July or the

February examination, the Board may require an applicant to defer

re-examination for one sitting.

(e)

Three or More Failures - Re-examination Conditional

If an applicant fails three or more examinations, the

Board may condition retaking of the examination on the successful

completion of specified additional study.

(f)

No Refunds

If an applicant withdraws the petition or fails to attend

and take the examination, the examination fee shall not be

refunded except for good cause shown.

The examination fee may

not be applied to a subsequent examination unless the applicant

is required by the Board to defer retaking the examination or

establishes good cause for the withdrawal or failure to attend.

Source: This Rule is derived from former Rule 9 of the Rules

Governing Admission to the Bar of Maryland (2016).

-68-

Rule 19-208

REPORTER’S NOTE

See the Reporter’s note to Rule 19-204. The style of

section (f) is conformed to the style of Rule 19-204 (e).

Section (c) contains the addition of the “for lack of good cause

for the untimeliness” standard that also appears in Rules 19-204

and 19-207. Also in section (c), the time for filing an

exception is clarified to read, “within five business days after

notice of the rejection is mailed.”

-69-

Rule 19-209

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-209.

(a)

REPORT TO COURT - ORDER

Report and Recommendations as to Applicants

As soon as practicable after each examination, the Board

shall file with the Court a report containing (1) the names of

the applicants who successfully completed the bar examination and

(2) the Board's recommendation for admission.

The Board’s

recommendation with respect to each applicant shall be

conditioned on the outcome of any character proceedings relating

to that applicant and satisfaction of the requirement of Rule 19210.

(b)

Order of Ratification

On receipt of the Board’s report, the Court shall enter an

order fixing a date at least 30 days after the filing of the

report for ratification of the Board’s recommendations.

The

order shall include the names of all applicants who are

recommended for admission, including those who are conditionally

recommended.

The order shall state generally that all

recommendations are conditioned on character approval and

satisfaction of the requirement of Rule 19-210, but shall not

identify those applicants as to whom proceedings are still

pending.

The order shall be posted on the Judiciary website no

later than 5 days after the date of the order and remain on the

-70-

Rule 19-209

website until ratification.

(c)

Exceptions

Before ratification of the Board’s report, any person may

file with the Court exceptions relating to any relevant matter.

For good cause shown, the Court may permit the filing of

exceptions after ratification of the Board's report and before

the applicant’s admission to the Bar.

The Court shall give

notice of the filing of exceptions to (1) the applicant, (2) the

Board, and (3) the Character Committee that passed on the

applicant’s application.

A hearing on the exceptions shall be

held to allow the person filing exceptions, the applicant, the

Board, and, if an exception involves an issue of character, the

Character Committee to present evidence in support of or in

opposition to the exceptions and be heard.

The Court may hold

the hearing or may refer the exceptions to the Board, the

Character Committee, or an examiner for hearing.

The Board,

Character Committee, or examiner hearing the exceptions shall

file with the Court, as soon as practicable after the hearing, a

report of the proceedings.

The Court may decide the exceptions

without further hearing.

(d)

Ratification of Board’s Report

On expiration of the time fixed in the order entered

pursuant to section (b) of this Rule, the Board’s report and

recommendations shall be ratified subject to the conditions

stated in the recommendations and to any exceptions noted under

section (c) of this Rule.

-71-

Rule 19-209

Source: This Rule is derived from former Rule 10 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-209 is derived from current Rule RGAB 10 and

contains style changes only, except that in section (b), posting

on the Judiciary website replaces publication in the Maryland

-72-

Rule 19-210

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-210.

REQUIRED ORIENTATION PROGRAM

(a) Appointment of Work Group

The Court of Appeals shall appoint a work group of not more

than seven individuals to develop and present to the Court for

its approval an orientation program for effectively informing

applicants of certain core requirements, established by Rules of

the Court or other law, for engaging in the practice of law in

Maryland.

(b) Contents of Program

The program shall include information regarding (1)

reporting requirements established by Rules of the Court, (2)

obligations to the Client Protection Fund and the Disciplinary

Fund established by Rule or statute, (3) Rules governing attorney

trust accounts and the handling of client funds and papers, and

(4) the Rules of Professional Conduct regarding competence, scope

of representation, diligence, communications with clients, fees,

confidentiality, conflicts of interest, declining representation,

meritorious claims, candor toward tribunals, and law firms.

The program shall be given at the times and for the periods

directed by the Court.

(d) Duration; Materials; Participation from Remote Location

-73-

Rule 19-210

The program shall not exceed three hours in duration.

may include the provision of written materials distributed in a

manner determined by the Court but, to the extent practicable, it

shall be given in electronic form, so that an applicant may

participate from a remote location, subject to appropriate

verification of the applicant’s actual participation.

(e) Participation Requirement

Commencing June 1, 2016, an applicant may not be admitted

to the Bar unless (1) prior to admission, the applicant has

produced evidence satisfactory to the Board that the applicant

satisfactorily participated in the program, or (2) the applicant

has been excused from that requirement by Order of the Court of

Appeals.

Committee note: The purpose of the orientation program is to

assure that newly admitted attorneys are familiar with core

requirements for practicing law in Maryland, the violation of

which may result in their authority to practice law being

suspended or revoked. The program is not intended to take the

place of broader programs on professionalism offered by law

schools, bar associations, and other entities, in which the Court

of Appeals strongly encourages all attorneys to participate.

Source: This Rule is derived from former Rule 11 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

This Rule carries forward the revisions to RGAB 11 that were

adopted effective January 1, 2016, with stylistic changes.

-74-

Rule 19-211

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-211.

ORDER OF ADMISSION; TIME LIMITATION

(a) Order of Admission

When the Court has determined that an applicant is

qualified to practice law and is of good moral character, it

shall enter an order directing that the applicant be admitted to

the Bar on taking the oath required by law.

(b) Time Limitation for Taking Oath - Generally

An applicant who has passed the Maryland Bar examination

may not take the oath of admission to the Bar later than 24

months after the date that the Court of Appeals ratified the

Board's report for that examination.

For good cause, the Board may extend the time for taking

the oath, but the applicant’s failure to take action to satisfy

admission requirements does not constitute good cause.

(d) Consequence of Failure to Take Oath Timely

An applicant who fails to take the oath within the required

time period shall reapply for admission and retake the bar

examination, unless excused by the Court.

Cross reference: See Code, Business Occupations and Professions

Article, §10-212, for form of oath.

Source: This Rule is derived from former Rule 12 of the Rules

Governing Admission to the Bar of Maryland (2016).

-75-

Rule 19-211

REPORTER’S NOTE

The Rules Committee recommends that the “conditions

precedent” be referred to in a separate Rule rather than a cross

reference. See proposed new Rule 19-218, infra.

-76-

Rule 19-212

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-212.

ELIGIBILITY OF OUT-OF-STATE ATTORNEYS FOR

ADMISSION BY ATTORNEY EXAMINATION

(a)

Generally

An individual is eligible for admission to the Bar of this

State under this Rule if the individual:

(1) is a member of the Bar of a state;

(2) has passed a written bar examination in a state or is

admitted to a state bar by diploma privilege after graduating

from a law school accredited by the American Bar Association;

(3) has the professional experience required by this Rule;

(4) successfully completes the attorney examination

prescribed by Rule 19-213; and

(5) possesses the good moral character and fitness necessary

for the practice of law.

(b)

Required Professional Experience

The professional experience required for admission under

this Rule shall be on a full time basis as (1) a practitioner of

law as provided in section (c) of this Rule; (2) a teacher of law

at a law school accredited by the American Bar Association; (3) a

judge of a court of record in a state; or (4) a combination

thereof.

(c)

Practitioner of Law

-77-

Rule 19-212

(1) Subject to subsections (c)(2) and (3) of this Rule, a

practitioner of law is an individual who has regularly engaged in

the authorized practice of law:

(A) in a state;

(B) as the principal means of earning a livelihood; and

been sufficient to satisfy the Board that the individual should

be admitted under this Rule and Rule 19-213.

(2) As evidence of the requisite professional experience, for

purposes of subsection (c)(1)(C) of this Rule, the Board may

consider, among other things:

(A) the extent of the individual’s experience in the

practice of law;

(B) the individual’s professional duties and

responsibilities, the extent of contacts with and responsibility

to clients or other beneficiaries of the individual’s

professional skills, the extent of professional contacts with

practicing attorneys and judges, and the individual’s

professional reputation among those attorneys and judges; and

individual has written.

(3) The Board may consider as the equivalent of practice of

law in a state practice outside the United States if the Board

concludes that the nature of the practice makes it the functional

equivalent of practice within a state.

(d)

Duration of Professional Experience

-78-

Rule 19-212

(1) An individual shall have the professional experience

required by section (b) of this Rule for (A) a total of ten

years, or (B) at least five of the ten years immediately

preceding the filing of a petition pursuant to Rule 19-213.

(e)

Exceptional Cases

In exceptional cases, the Board may treat an individual’s

actual experience, although not meeting the literal requirements

of subsections (c)(1) or section (d) of this Rule, as the

equivalent of the professional experience otherwise required by

this Rule.

Source: This Rule is derived from sections (a) through (e) of

former Rule 13 of the Rules Governing Admission to the Bar of

Maryland (2016).

REPORTER’S NOTE

Rule 19-212 is derived from sections (a) through (e) of

current Rule 13 of the Rules Governing Admission to the Bar.

Rule 13 (a)(2) contains a provision that an out-of-state

attorney who seeks admission to the Maryland Bar may take the

attorney examination, rather than the regular bar examination, if

the individual has passed a written bar examination in another

state. Some attorneys from Wisconsin who wish to be admitted to

the Maryland Bar contend that this provision discriminates

against them because, in Wisconsin, an individual who has

graduated from an A.B.A.-accredited law school in that state may

be admitted to the Wisconsin Bar under “diploma privilege,”

without taking a written bar examination. The State Board of Law

Examiners has considered this matter and has approved the

proposed addition of language to Rule 19-212 to allow out-ofstate attorneys who have graduated from an A.B.A.-accredited law

school and were admitted to the Bar of another state pursuant to

“diploma privilege” in that state to be eligible to take the

attorneys examination, rather than the regular bar examination.

-79-

Rule 19-213

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-213.

ADMISSION OF OUT-OF-STATE ATTORNEYS BY ATTORNEY

EXAM - PROCEDURE

(a)

Petition

(1) An individual eligible pursuant to Rule 19-212 shall file

with the Board a petition under oath on a form prescribed by the

Board, accompanied by the fees required by the Board and the

costs assessed for the character and fitness investigation and

report by the National Conference of Bar Examiners.

(2) The petitioner shall list (A) each state in which the

petitioner has been admitted to the Bar and whether each

admission was by examination, by diploma privilege or on motion;

and (B) the additional facts showing that the petitioner meets

the requirements of section (a) of Rule 19-212 or should be

qualified under section (e) of Rule 19-212.

(3) The petitioner shall file with the petition the

supporting data required by the Board as to the petitioner's

professional experience, character, and fitness to practice law.

(4) The petitioner shall be under a continuing obligation to

report to the Board any material change in information previously

furnished.

(b)

Request for Test Accommodation

A petitioner who seeks a test accommodation under the ADA

-80-

Rule 19-213

for the attorney examination shall file with the Board an

"Accommodation Request" on a form prescribed by the Board,

together with any supporting documentation that the Board

requires.

The form and documentation shall be filed no later

than the deadline stated in section (d) of this Rule for filing a

petition to take a scheduled attorney examination.

Committee note: A petitioner who may need a test accommodation

is encouraged to file an Accommodation Request as early as

possible.

Cross reference: See Rule 19-205 for the procedure to appeal a

denial of a request for a test accommodation.

(c)

Refunds

If the Board determines on the face of the petition that

the petitioner is not qualified to sit for the attorney’s

examination and the petitioner elects to withdraw the petition

without further proceedings, all fees shall be refunded.

If, in

other circumstances, a petitioner withdraws the petition or fails

to attend and take the examination without permission from the

Board, no fees shall be refunded and the examination fee may not

be applied to a subsequent examination unless the petitioner

establishes good cause for the withdrawal or failure to attend.

(d)

Time for Filing

The petition shall be filed at least 60 days before the

scheduled attorney examination that the petitioner wishes to

take.

On written request of the petitioner and for good cause

shown, the Board may accept a petition filed after the deadline.

If the Board rejects the petition for lack of good cause for the

-81-

Rule 19-213

untimeliness, the petitioner may file an exception with the Court

within five business days after notice of the rejection is

mailed.

Cross reference:

(e)

See Board Rule 2.

Standard for Admission and Burden of Proof

(1) The petitioner bears the burden of proving to the Board

and the Court that the petitioner is qualified on the basis of

professional experience and possesses the good moral character

and fitness necessary to practice law in this State.

(2) If the petitioner does not meet the burden of proof, the

Board shall recommend rejection of the petition.

Failure or

refusal to answer fully and candidly any relevant questions asked

by the Board, either orally or in writing, is sufficient cause

for rejection of the petition.

(f)

Action by Board on Petition

The Board shall investigate the matters set forth in the

petition.

(1) If the Board decides that the petition should be

accepted, it shall mail to the petitioner notice of its decision

to recommend acceptance of the petition.

(2) If the Board concludes that there may be grounds for

rejecting the petition, the Board shall notify the petitioner and

shall afford the petitioner an opportunity for a hearing. The

hearing shall not be held until after the National Conference of

Bar Examiners completes its investigation of the petitioner's

character and fitness to practice law and reports to the Board.

-82-

Rule 19-213

The petitioner may be represented by an attorney at the hearing.

Promptly after the Board makes its final decision to recommend

acceptance or rejection of the petition, the Board shall mail

notice of its decision to the petitioner.

(3) If the Board decides to recommend rejection of the

petition, it shall file with the Court a report of its decision

and all papers relating to the matter.

(g)

Exceptions

Within 30 days after the Board mails notice of its adverse

decision to the petitioner, the petitioner may file with the

Court exceptions to the Board’s decision.

The petitioner shall

mail or deliver to the Board a copy of the exceptions.

The Court

may hear the exceptions or may appoint an examiner to hear the

evidence and shall afford the Board an opportunity to be heard on

the exceptions.

(h)

Attorney Examination

In order to be admitted to the Maryland Bar, the

petitioner shall pass an attorney examination prescribed by the

Board.

The Board, by rule, shall define the subject matter of

the examination, prepare the examination, and establish the

passing grade.

The Board shall administer the attorney

examination on a date and at a time during the administration of

the regular examination pursuant to Rule 19-206 and shall publish

at least 30 days in advance notice of the date and time of the

examination.

The Board shall grade the examination and shall

send notice of examination results to each petitioner by first-

-83-

Rule 19-213

class mail.

Successful petitioners shall be notified only that

they have passed.

Unsuccessful petitioners shall be given their

grades in the detail the Board considers appropriate.

Thereafter, the Board may not alter any petitioner’s grades

except to correct a clerical error.

Review by unsuccessful

petitioners shall be in accordance with the provisions of Rule

19-207 (b).

(i)

Re-examination

In the event of failure on the first attorney examination,

a petitioner may file a petition to retake the examination, but a

petitioner may not be admitted under this Rule after failing four

examinations.

A petition for re-examination shall be accompanied

by the required fees.

Failure to pass the attorney examination

shall not preclude any individual from taking the regular

examination.

(j)

Report to Court - Order

The Board shall file a report and recommendations pursuant

to Rule 19-209.

Proceedings on the report, including the

disposition of any exceptions filed, shall be as prescribed in

that Rule.

If the Court determines that the petitioner has met

all the requirements of this Rule, it shall enter an order

directing that the petitioner be admitted to the Bar of Maryland

on taking the oath required by law.

(k)

Required Orientation Program

A petitioner recommended for admission pursuant to section

(j) of this Rule shall comply with Rule 19-210.

-84-

Rule 19-213

(l)

Time Limitation for Admission to the Bar

A petitioner under this Rule is subject to the time

limitation of Rule 19-211.

Cross reference: See Code, Business Occupations and Professions

Article, §10-212, for the form of oath.

Source: This Rule is derived from sections (f) through (q) of

former Rule 13 of the Rules Governing Admission to the Bar of

Maryland (2016).

REPORTER’S NOTE

Rule 19-213 is derived from sections (f) through (q) of

current RGAB 13 with style changes. Section (d) contains the

addition of the same standard that was added to Rules 19-204 and

19-208 for the Board to reject a petition to take the attorney

examination. Also in section (d), the time for filing an

exception is clarified to read, “within five business days after

notice of the rejection is mailed.” In section (h), a sentence

is added to conform to parallel procedures for the general bar

examination contained in Rule 19-207 (a). In section (k), a

required orientation program replaces the previously required

course on professionalism.

-85-

Rule 19-214

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-214.

SPECIAL ADMISSION OF OUT-OF-STATE ATTORNEYS PRO

HAC VICE

(a)

Motion for Special Admission

(1) Generally

A member of the Bar of this State who (A) is an attorney

of record in an action pending (i) in any court of this State, or

(ii) before an administrative agency of this State or any of its

political subdivisions, or (B) is representing a client in an

arbitration taking place in this State that involves the

application of Maryland law, may move that an attorney who is a

member in good standing of the Bar of another state be admitted

to practice in this State for the limited purpose of appearing

and participating in the action as co-counsel with the movant.

Committee note: “Special admission” is a term equivalent to

“admission pro hac vice.” It should not be confused with

“special authorization” permitted by Rules 19-215 and 19-216.

(2)

Where Filed

(A) If the action is pending in a court, the motion shall

be filed in that court.

(B) If the action is pending before an administrative

agency, the motion shall be filed in the circuit court for the

county in which the principal office of the agency is located or

in any other circuit court in which an action for judicial review

-86-

Rule 19-214

of the decision of the agency may be filed.

arbitration panel, the motion shall be filed in the circuit court

for the county in which the arbitration hearing is to be held or

in any other circuit court in which an action to review an

arbitral award entered by the arbitrator or panel may be filed.

(3) Other Requirements

The motion shall be in writing and shall include the

movant’s certification that copies of the motion have been served

on the agency or the arbitrator or arbitration panel, and all

parties of record.

Cross reference: See Appendix 19-A following Title 19, Chapter

200 of these Rules for Forms 19-A.1 and 19-A.2, providing the

form of a motion and order for the Special Admission of an

out-of-state attorney.

(b)

Certification by Out-of-State Attorney

The attorney whose special admission is moved shall

certify in writing the number of times the attorney has been

specially admitted during the twelve months immediately preceding

the filing of the motion.

The certification may be filed as a

separate paper or may be included in the motion under an

appropriate heading.

(c)

Order

The court by order may admit specially or deny the special

admission of an attorney.

In either case, the clerk shall

forward a copy of the order to the State Court Administrator, who

shall maintain a docket of all attorneys granted or denied

-87-

Rule 19-214

special admission.

When the order grants or denies the special

admission of an attorney in an action pending before an

administrative agency, the clerk also shall forward a copy of the

order to the agency.

(d)

Limitations on Out-of-State Attorney’s Practice

An attorney specially admitted pursuant to this Rule may

act only as co-counsel for a party represented by an attorney of

record in the action who is admitted to practice in this State.

The specially admitted attorney may participate in the court or

administrative proceedings only when accompanied by the Maryland

attorney, unless the latter’s presence is waived by the judge or

administrative hearing officer presiding over the action.

attorney specially admitted is subject to the Maryland Attorneys’

Rules of Professional Conduct during the pendency of the action

or arbitration.

Cross reference: See Code, Business Occupations and Professions

Article, §10-215.

Committee note: This Rule is not intended to permit extensive or

systematic practice by attorneys not admitted in Maryland.

Because specialized expertise or other special circumstances may

be important in a particular case, however, the Committee has not

recommended a numerical limitation on the number of special

admissions to be allowed any out-of-state attorney.

Source: This Rule is derived from former Rule 14 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-214 contains style changes and a new Committee note

after subsection (a)(1), which clarifies the term “admission pro

hac vice.” Part of the cross reference after subsection (a)(3)

has been deleted as superfluous. The Committee note at the end

of the Rule has been shortened by deleting superfluous language.

-88-

Rule 19-214

Forms RGAB-14/M and RGAB-14/O, providing the form of a motion and

order for the Special Admission of an out-of-state attorney under

Rule 19-214 are renumbered From 19-A.1 and Form 19-A.2,

respectively, and placed in an appendix to Chapter 200 of Title

19 (Appendix 19-A: Forms for Special Admission of Out-of-State

Attorney).

-89-

Rule 19-215

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-215.

SPECIAL AUTHORIZATION FOR OUT-OF-STATE

ATTORNEYS AFFILIATED WITH PROGRAMS PROVIDING LEGAL SERVICES TO

LOW-INCOME INDIVIDUALS

(a)

Definition

As used in this Rule, "legal services program" means a

program operated by (1) an entity that provides civil legal

services to low-income individuals in Maryland who meet the

financial eligibility requirements of the Maryland Legal Services

Corporation and is on a list of such programs provided by the

Corporation to the State Court Administrator and posted on the

Judiciary website pursuant to Rule 19-505; (2) the Maryland

Office of the Public Defender; (3) a clinic offering pro bono

legal services and operating in a courthouse facility; or (4) a

local pro bono committee or bar association affiliated project

that provides pro bono legal services.

(b)

Eligibility

Pursuant to this Rule, a member of the Bar of another

state who is employed by or associated with a legal services

program may practice in this State pursuant to that program if

(1) the individual is a graduate of a law school meeting the

requirements of Rule 19-201 (a)(2) and (2) the individual will

practice under the supervision of a member of the Bar of this

-90-

Rule 19-215

State.

Cross reference:

(i).

(c)

For the definition of "State," see Rule 19-101

Proof of Eligibility

To obtain authorization to practice under this Rule, the

out-of-state attorney shall file with the Clerk of the Court of

Appeals a written request accompanied by (1) evidence of

graduation from a law school as defined in Rule 19-201 (a)(2),

(2) a certificate of the highest court of another state

certifying

that the attorney is a member in good standing of the

Bar of that state, and (3) a statement signed by the Executive

Director of

the legal services program that includes (A) a

certification that the attorney is currently employed by or

associated with the

program, (B) a statement as to whether the

attorney is receiving any compensation other than reimbursement

of reasonable and necessary expenses, and (C) an agreement that,

within ten days after cessation of the attorney's employment or

association, the Executive Director will file the Notice required

by section (e) of this Rule.

(d)

Certificate of Authorization to Practice

Upon the filing of the proof of eligibility required by

this Rule, the Clerk of the Court of Appeals shall issue a

certificate under the seal of the Court certifying that the

attorney is authorized to practice under this Rule, subject to

the automatic termination provision of section (e) of this Rule.

The certificate shall state (1) the effective date, (2) whether

-91-

Rule 19-215

the attorney (A) is authorized to receive compensation for the

practice of law under this Rule or (B) is authorized to practice

exclusively as a pro bono attorney pursuant to Rule 19-504, and

(3) any expiration date of the special authorization to practice.

If the attorney is receiving compensation for the practice of law

under this Rule, the expiration date shall be no later than two

years after the effective date.

If the attorney is receiving no

compensation other than reimbursement of reasonable and necessary

expenses, no expiration date shall be stated.

Cross reference: An attorney who intends to practice law in

Maryland for compensation for more than two years should apply

for admission to the Maryland Bar.

(e)

Automatic Termination

Authorization to practice under this Rule is automatically

terminated if the attorney ceases to be employed by or associated

with the legal services program.

Within ten days after cessation

of the attorney's employment or association, the Executive

Director of the legal services program shall file with the Clerk

of the Court of Appeals notice of the termination of

authorization.

(f)

Disciplinary Proceedings in Another Jurisdiction

Promptly upon the filing of a disciplinary proceeding in

another jurisdiction, an attorney authorized to practice under

this Rule shall notify the Executive Director of the legal

services program of the disciplinary matter.

An attorney

authorized to practice under this Rule who in another

jurisdiction (1) is disbarred, suspended, or otherwise

-92-

Rule 19-215

disciplined, (2) resigns from the bar while disciplinary or

remedial action is threatened or pending in that jurisdiction, or

(3) is placed on inactive status based on incapacity shall inform

Bar Counsel and the Clerk of the Court of Appeals promptly of the

discipline, resignation, or inactive status.

(g)

Revocation or Suspension

At any time, the Court, in its discretion, may revoke or

suspend an attorney's authorization to practice under this Rule

by written notice to the attorney.

By amendment or deletion of

this Rule, the Court may modify, suspend, or revoke the special

authorizations of all out-of-state attorneys issued pursuant to

this Rule.

(h)

Special Authorization not Admission

Out-of-state attorneys authorized to practice under this

Rule are not, and shall not represent themselves to be, members

of the Bar of this State, except in connection with practice that

is authorized under this Rule.

They are required to make

payments to the Client Protection Fund of the Bar of Maryland and

the Disciplinary Fund, except that an attorney who is receiving

no compensation other than reimbursement of reasonable and

necessary expenses is not required to make the payments.

(i)

Rules of Professional Conduct

An attorney authorized to practice under this Rule is

subject to the Maryland Attorneys’ Rules of Professional Conduct.

(j)

Reports

Upon request by the Administrative Office of the Courts,

-93-

Rule 19-215

an attorney authorized to practice under this Rule shall timely

file an IOLTA Compliance Report in accordance with Rule 19-409

and a Pro Bono Legal Service Report in accordance with Rule 19503.

Source: This Rule is derived from former Rule 15 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-215 carries forward the provisions of current RGAB

15.

-94-

Rule 19-216

MARYLAND RULES OF PROCEDURE

TITLE 19 - ATTORNEYS

CHAPTER 200 - ADMISSION TO THE BAR

Rule 19-216.

SPECIAL AUTHORIZATION FOR MILITARY SPOUSE

ATTORNEYS

(a)

Definition

As used in this Rule, a "military spouse attorney" means

an (1) attorney admitted to practice in another state but not

admitted in this State, (2) is married to an active duty service

member of the United States Armed Forces and (3) resides in the

State of Maryland due to the service member's military orders for

a permanent change of station to Maryland or a state contiguous

to Maryland.

Cross reference:

(i).

(b)

For the definition of "State," see Rule 19-101

Eligibility

Subject to the conditions of this Rule, a military spouse

attorney may practice in this State if the individual:

(1) is a graduate of a law school meeting the requirements of

Rule 19-201 (a)(2);

(2) is a member in good standing of the Bar of another state;

(3) will practice under the direct supervision of a member of

the Bar of this State;

(4) has not taken and failed the Maryland Bar examination or

attorney examination;

-95-

Rule 19-216

(5) has not had an application for admission to the Maryland

Bar or the Bar of any state denied on character or fitness

grounds;

(6) certifies that the individual will comply with the

requirements of Rule 19-605; and

(7) certifies that the individual has read and is familiar

with the Maryland Rules of civil and criminal procedure, the

Maryland Rules of Evidence, and the Maryland Attorneys’ Rules of

Professional Conduct, as well as the Maryland laws and Rules

relating to any particular area of law in which the individual

intends to practice.

Cross reference: See Rule 19-305.1 (5.1) for the responsibilities of a supervising attorney.

(c)

Proof of Eligibility

To obtain authorization to practice under this Rule, the

military spouse attorney shall file with the Clerk of the Court

of Appeals a written request accompanied by:

(1) evidence of graduation from a law school meeting the

requirements of Rule 19-201 (a)(2);

(2) a list of states where the military spouse attorney is

admitted to practice, together with a certificate of the highest

court of each such state certifying that the attorney is a member

in good standing of the Bar of that state;

(3) a copy of the servicemember's military orders reflecting

a permanent change of station to a military installation in

Maryland or a state contiguous to Maryland;

-96-

Rule 19-216

(4) a copy of a military identification card that lists the

military spouse attorney as the spouse of the servicemember;

(5) a statement signed by the military spouse attorney

certifying that the military spouse attorney:

(A) resides in Maryland;

(B) has not taken and failed the Maryland Bar examination

or attorney examination;

Maryland Bar or the Bar of any state denied on character or

fitness grounds;

(D) will comply with the requirements of Rule 19-605; and

(E) has read and is familiar with the Maryland Rules of

civil and criminal procedure, the Maryland Rules of Evidence, and

the Maryland Attorneys’ Rules of Professional Conduct, as well as

the Maryland law and Rules relating to any particular area of law

in which the individual intends to practice; and

(6) a statement signed by the supervising attorney that

includes a certification that (A) the military spouse attorney is

or will be employed by or associated with the supervising

attorney's law firm or the agency or organization that employs

the supervising attorney, and (B) an agreement that within ten

days after cessation of the military spouse attorney's employment

or association, the supervising attorney will file the notice

required by section (e) of this Rule and that the supervising

attorney will be prepared, if necessary, to assume responsibility

for open client matters that the individual no longer will be

-97-

Rule 19-216

authorized to handle.

(d)

Certificate of Authorization to Practice

Upon the filing of the proof of eligibility required by

this Rule, the Clerk of the Court of Appeals shall issue a

certificate under the seal of the Court certifying that the

attorney is authorized to practice under this Rule for a period

not to exceed two years, subject to the automatic termination

provisions of section (e) of this Rule.

The certificate shall

state the effective date and the expiration date of the special

authorization to practice.

(e)

Automatic Termination

(1) Cessation of Employment

Authorization to practice under this Rule is

automatically terminated upon the earlier of (A) the expiration

of two years from the issuance of the certificate of

authorization, or (B) the expiration of ten days after the

cessation of the military spouse attorney's employment by or

association with the supervising attorney's law firm or the

agency or organization that employs the supervising attorney

unless, within the ten day period, the military spouse attorney

files with the Clerk of the Court of Appeals a statement signed

by another supervising attorney who is a member of the Bar of

this State in compliance with subsection (c)(6) of this Rule.

Within ten days after cessation of the military spouse attorney's

employment or association, the supervising attorney shall file

with the Clerk of the Court of Appeals notice of the termination

-98-

Rule 19-216

of authorization.

(2) Change in Status

A military spouse attorney's authorization to practice

law under this Rule automatically terminates 30 days after (A)

the servicemember spouse is no longer a member of the United

States Armed Forces, (B) the servicemember and the military

spouse attorney are divorced or their marriage is annulled, or

Maryland or a state contiguous to Maryland, except that a

servicemember's assignment to an unaccompanied or remote

assignment does not automatically terminate the military spouse

attorney's authorization, provided that the military spouse

attorney continues to reside in Maryland.

The military spouse

attorney promptly shall notify the Clerk of the Court of Appeals

of any change in status that pursuant to this subsection

terminates the military spouse attorney's authorization to

practice in Maryland.

Committee note: A military spouse attorney who intends to

practice law in Maryland for more than two years should apply for

admission to the Maryland Bar. The bar examination process may

be commenced and completed while the military spouse attorney is

practicing under this Rule.

(f)

Disciplinary Proceedings in Another Jurisdiction

Promptly upon the filing of a disciplinary proceeding in

another jurisdiction, a military spouse attorney shall notify the

supervising attorney of the disciplinary matter.

A military

spouse attorney who in another jurisdiction (1) is disbarred,

suspended, or otherwise disciplined, (2) resigns from the bar

-99-

Rule 19-216

while disciplinary or remedial action is threatened or pending in

that jurisdiction, or (3) is placed on inactive status based on

incapacity shall inform Bar Counsel and the Clerk of the Court of

Appeals promptly of the discipline, resignation, or inactive

status.

(g)

Revocation or Suspension

At any time, the Court, in its discretion, may revoke or

suspend a military spouse attorney's authorization to practice

under this Rule by written notice to the attorney.

By amendment

or deletion of this Rule, the Court may modify, suspend, or

revoke the special authorizations of all military spouse

attorneys issued pursuant to this Rule.

(h)

Special Authorization not Admission

Military spouse attorneys authorized to practice under

this Rule are not, and shall not represent themselves to be,

members of the Bar of this State.

(i)

Rules of Professional Conduct; Required Payments

A military spouse attorney authorized to practice under

this Rule is subject to the Maryland Attorneys’ Rules of

Professional Conduct and is required to make payments to the

Client Protection Fund of the Bar of Maryland and the

Disciplinary Fund.

(j)

Reports

Upon request by the Administrative Office of the Courts, a

military spouse attorney authorized to practice under this Rule

shall timely file an IOLTA Compliance Report in accordance with

-100-

Rule 19-216

Rule 19-409 and a Pro Bono Legal Service Report in accordance

with Rule 19-503.

Source: This Rule is derived from former Rule 15.1 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-216 carries forward the provisions of current RGAB

15.1.

-101-

Rule 19-217

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-217.

(a)

LEGAL ASSISTANCE BY LAW STUDENTS

Definitions

As used in this Rule, the following terms have the

following meanings:

(1)

Law School

"Law school" means a law school that meets the

requirements of Rule 19-201 (a)(2).

(2)

Clinical Program

"Clinical program" means a law school program for credit

in which a student obtains experience in the operation of the

legal system by engaging in the practice of law that (A) is under

the direction of a faculty member of the school and (B) has been

approved by the Section Council of the Section of Legal Education

and Admission to the Bar of the Maryland State Bar Association,

Inc.

(3) Externship

“Externship” means a field placement for credit in a

government or not-for-profit organization in which a law student

obtains experience in the operation of the legal system by

engaging in the practice of law, that (A) is under the direction

of a faculty member of a law school, (B) is in compliance with

the applicable American Bar Association standard for study

-102-

Rule 19-217

outside the classroom, (C) has been approved by the Section

Council of the Section of Legal Education and Admission to the

Bar of Maryland State Bar Association, Inc., and (D) is not part

of a clinical program of a law school.

(4) Supervising Attorney

"Supervising attorney" means an attorney who is a member

in good standing of the Bar of this State and whose service as a

supervising attorney for the clinical program or externship is

approved by the dean of the law school in which the law student

is enrolled or by the dean’s designee.

(b)

Eligibility

A law student enrolled in a clinical program or externship

is eligible to engage in the practice of law as provided in this

Rule if the student:

(1) is enrolled in a law school;

(2) has read and is familiar with the Maryland Attorneys’

Rules of Professional Conduct and the relevant Maryland Rules of

Procedure; and

(3) has been certified in accordance with section (c) of this

Rule.

(c)

(1)

Certification

Contents and Filing

The dean of the law school shall file the certification

of a student with the Clerk of the Court of Appeals.

The

certification shall state that the student is in good academic

standing and has successfully completed legal studies in the law

-103-

Rule 19-217

school amounting to the equivalent of at least one-third of the

total credit hours required to complete the law school program.

It also shall state its effective date and expiration date, which

shall be no later than one year after the effective date.

(2)

Withdrawal or Suspension

The dean may withdraw the certification at any time by

mailing a notice to that effect to the Clerk of the Court of

Appeals.

The certification shall be suspended automatically upon

the issuance of an unfavorable report of the Character Committee

made in connection with the student’s application for admission

to the Bar.

Upon any reversal of the unfavorable report, the

certification shall be reinstated.

(d)

Practice

In connection with a clinical program or externship, a law

student for whom a certification is in effect may appear in any

trial court or the Court of Special Appeals, or before any

administrative agency, and may otherwise engage in the practice

of law in Maryland, provided that the supervising attorney (1) is

satisfied that the student is competent to perform the duties

assigned, (2) assumes responsibility for the quality of the

student’s work, (3) directs and assists the student to the extent

necessary, in the supervising attorney’s professional judgment,

to ensure that the student’s participation is effective on behalf

of the client the student represents, and (4) accompanies the

student when the student appears in court or before an

administrative agency.

The law student shall neither ask for nor

-104-

Rule 19-217

receive personal compensation of any kind for service rendered

under this Rule, but may receive academic credit pursuant to the

clinical program or externship.

Source: This Rule is derived from former Rule 16 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-217 is derived from current RGAB 16 and contains

style changes. At the request of the Maryland State Bar

Association’s Section Council for Legal Education and Admission

to the Bar, the Rule is made applicable to “externships” in

addition to “clinical programs.”

-105-

Rule 19-218

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-218.

ADDITIONAL CONDITIONS PRECEDENT TO THE PRACTICE OF

LAW

Maryland Rule 19-605 (Obligations of Attorneys) and Maryland

Rule 19-705 (Disciplinary Fund) require individuals admitted to

the Maryland Bar, as a condition precedent to the practice of law

in this State, to pay an annual assessment to the Client

Protection Fund of the Bar of Maryland and the Attorney Grievance

Commission Disciplinary Fund.

Except as otherwise provided in

Rule 19-215 (h), out-of-state attorneys specially authorized to

practice pursuant to Rule 19-215 and military spouse attorneys

specially authorized to practice pursuant to Rule 19-216 also

shall pay the annual assessments required by Rules 19-605 and 19705.

Source: This Rule is new but is derived from the cross reference

to former Rule 12 of the Rules Governing Admission to the Bar of

Maryland (2016).

REPORTER’S NOTE

The language added to Rule 19-218 is the substance of the

language of the cross reference to current RGAB 12 with the

addition of specific references to “specially authorized” out-ofstate attorneys and military spouse attorneys.

-106-

Rule 19-219

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 200 – ADMISSION TO THE BAR

Rule 19-219.

SUSPENSION OR REVOCATION OF ADMISSION

If an attorney admitted to the Bar of this State is

discovered to have been ineligible for admission under

circumstances that do not warrant disbarment or other

disciplinary proceedings, the Court of Appeals, upon a

recommendation by the Board and after notice and opportunity to

be heard, may suspend or revoke the attorney’s admission.

In the

case of a suspension, the Court shall specify in its order the

duration of the suspension and the conditions upon which the

suspension may be lifted.

Source: This Rule is derived from former Rule 21 of the Rules

Governing Admission to the Bar of Maryland (2016).

REPORTER’S NOTE

Rule 19-219 is derived from current RGAB 21 with style

changes.

-107-

MARYLAND RULES OF PROCEDURE

RULES OF THE BOARD

Board Rule 1.

APPLICATION FEES

(a) General Bar Examination

(b) Out-of-State Attorney Examination

Board Rule 2.

FILING LATE FOR GOOD CAUSE

Board Rule 3.

TEST ACCOMMODATIONS PURSUANT TO THE AMERICANS WITH

DISABILITIES ACT

(a) Policy

(b) Requesting Test Accommodations

(1) Initial Review for Sufficiency

(2) Board Determination

(d) Appeal to the Accommodations Review Committee

Board Rule 4.

EXAMINATION – SUBJECT MATTER

Board Rule 5.

EXAMINATION FORMAT, SCORING, AND PASSING STANDARD

(a) Authority

(b) Multistate Bar Examination (MBE)

(d) Combining MBE and Essay Test Scores to Calculate

Total Examination Score

(e) Passing Standard

(f) No Carryover of MBE Score or Essay Score from Prior

Examinations

(g) Recognition of MBE Score Achieved Concurrently in

Another State

(h) Adjustment of Passing Standard

Board Rule 6.

OUT-OF-STATE ATTORNEY EXAMINATION

(a) Subject Matter

(b) Time - Duration

-108-

Board Rule 7.

ELIGIBILITY TO TAKE THE EXAMINATION PURSUANT TO

RULE 19-201 (b)(2)

-109-

Board Rule 1

MARYLAND RULES OF PROCEDURE

RULES OF THE BOARD

Board Rule 1.

(a)

APPLICATION FEES

(1)

General Bar Examination

An application filed pursuant to Rule 19-202 shall be

accompanied by a check or money order payable to the State Board

of Law Examiners in the amount of $275.

(2) An updated application filed pursuant to Rule 19-202 (e)

shall be accompanied by a check or money order payable to the

State Board of Law Examiners in the amount of $70.

(3) A petition to take a scheduled bar examination pursuant

to Rule 19-204 shall be accompanied by a check or money order in

the amount of $250.

(b)

(1)

Out-of-State Attorney Examination

A petition filed pursuant to Rule 19-212 shall be

accompanied by a check or money order payable to the State Board

of Law Examiners in the amount of $700 and a separate check,

money order, or credit card authorization for the National

Conference of Bar Examiners in the amount required to cover the

cost of the character and fitness investigation and report.

(2)

A petition for re-examination filed pursuant to Rule 19-

213 shall be accompanied by a check or money order payable to the

State Board of Law Examiners in the amount of $250.

-110-

Board Rule 1

REPORTER’S NOTE

Board Rule 1 contains style changes. With the elimination

of a dual filing deadline in Rule 19-202, the filing fee

provision in section (a) of Board Rule 1 is changed to a single

sum. Subsection (a)(2) is new. Section (c) has been deleted as

unnecessary.

-111-

Board Rule 2

MARYLAND RULES OF PROCEDURE

RULES OF THE BOARD

Board Rule 2.

FILING LATE FOR GOOD CAUSE

An applicant’s written request for acceptance of an

application or petition filed late for good cause pursuant to

Rule 19-202 (c)(3), Rule 19-204, or Rule 19-213 (d) shall include

a statement indicating:

(a) whether the applicant’s failure to timely file was due to

facts and circumstances beyond the applicant’s control, and

stating those facts and circumstances;

(b) whether the applicant presently has a bar application

pending in any other state;

any other state; and

(d) the specific nature of the hardship that would result if

the applicant’s request is denied.

REPORTER’S NOTE

Board Rule 2 contains style changes only.

-112-

Board Rule 3

MARYLAND RULES OF PROCEDURE

RULES OF THE BOARD

Board Rule 3.

TEST ACCOMMODATIONS PURSUANT TO THE AMERICANS WITH

DISABILITIES ACT

(a) Policy

In accordance with the ADA, the Board shall provide test

accommodations to an applicant taking the Maryland Bar

examination, to the extent that such accommodations are

reasonable, consistent with the nature and purpose of the

examination and necessitated by the applicant's disability.

(b) Requesting Test Accommodations

An individual shall be an applicant for admission to the

Bar of Maryland prior to requesting test accommodations.

order to request test accommodations an applicant shall file a

completed Applicant's Accommodations Request Form along with the

specified supporting documentation.

The Applicant's

Accommodations Request Form shall be filed not later than the

deadline for filing the petition to sit for the bar examination

pursuant to Rules 19-204, 19-208, or 19-213.

(1) Initial Review for Sufficiency

The Board's staff shall conduct an initial review of a

request for test accommodations.

The Board's staff shall reject

a request if the request fails to adequately specify the test

accommodations required or if the supporting documentation is

-113-

Board Rule 3

substantially incomplete or is otherwise deficient.

If the

request is rejected, the Board's staff shall advise the applicant

in writing of the deficiencies in the request and supporting

documents.

(2) Board Determination

If there is uncertainty about whether the requested test

accommodation is warranted pursuant to the ADA, the applicant's

request and all supporting documentation may be referred to a

qualified expert retained by the Board to review and analyze

whether the applicant has documented a disability and requested a

reasonable accommodation.

Thereafter, a designated member of the

Board shall determine whether test accommodations should be

granted after examining the applicant's request and the report of

the Board's expert.

The Board's staff shall advise the applicant

in writing whether the request for test accommodations is granted

or denied in whole or in part.

(d) Appeal to the Accommodations Review Committee

If the Board denies a request for test accommodations in

whole or in part, the applicant may file an appeal with the

Accommodations Review Committee pursuant to Rule 19-205.

REPORTER’S NOTE

Board Rule 3 contains only stylistic changes.

-114-

Board Rule 4

MARYLAND RULES OF PROCEDURE

RULES OF THE BOARD

Board Rule 4.

EXAMINATION – SUBJECT MATTER

Pursuant to section (c) of Rule 19-206, the subject matter

of the Board’s essay test is defined as follows:

AGENCY

The law of agency shall be included on the examination only

to the extent provided in the definitions of Business

Associations, Contracts and Torts.

BUSINESS ASSOCIATIONS

The legal principles pertaining to forming, organizing,

operating and dissolving business entities in Maryland and

related principles of agency.

The business entities include: (a)

corporations, (b) close corporations, (c) limited liability

companies, (d) professional service corporations, (e) general,

limited, and limited liability partnerships, (f) joint ventures,

(g) unincorporated associations, and (h) sole proprietorships.

The subject also includes: (a) the rights, powers, duties and

liabilities of owners, partners, member, shareholders, managers,

directors, officers, (b) the issuance of shares or other

ownership interests in business entities, (c) the distribution of

dividends and assets, and (d) the allocation of profits and

losses from business entities.

COMMERCIAL TRANSACTIONS

The law governing commercial transactions derived from the

-115-

Board Rule 4

following titles of the Maryland Code, Commercial Law Article:

Sales (Title 2); Leases (Title 2A); Negotiable Instruments (Title

3); Bank Deposits and Collections (Title 4); Bulk Transfers

(Title 6); and Secured Transactions (Title 9).

CONSTITUTIONAL LAW

The interpretation of the Constitution of the United States

and its amendments, division of powers between the states and

national government, powers of the President, the Congress, and

the Supreme Court, limitations on the powers of the state and

national government.

CONTRACTS

The consideration of agreements enforceable at law. The

subject includes: (a) formation of contracts - offer and

acceptance, mistake, fraud, misrepresentation or duress,

contractual capacity, effect of illegality, consideration;

informal contracts; (b) third-party beneficiary contracts; (c)

assignment of contracts; (d) statute of frauds; (e) parol

evidence rule, interpretation of contracts; (f)

performance-conditions, failure of consideration, aleatory

promises, rights of defaulting plaintiff, substantial

performance, specific performance, (g) breach of contract and

remedies therefor, including measure of damages; (h)

impossibility of performance, frustration of purpose; and (i)

discharge of contracts.

This subject may also include law

dealing with an agent's ability to bind a principal to a

contract, and the agent's personal liability on a contract made

-116-

Board Rule 4

for a principal.

CRIMINAL LAW AND PROCEDURE

The law of crimes against the person; crimes against public

peace and morals; property crimes; crimes involving the breach of

public trust or civic duty, obstruction of justice; criminal

responsibility, causation, justification and other defenses;

constitutional limitations and protections.

The law of criminal

procedure includes the provisions of the Criminal Procedure

Article of the Annotated Code of Maryland, Maryland Rules, Title

4, Criminal Causes, and to prosecutions for violations of

criminal law.

EVIDENCE

The law governing the proof of issues of fact in civil and

criminal trials including functions of the court and jury;

competence of witnesses; examination, cross-examination and

impeachment of witnesses; presumptions, burden of producing

evidence and burden of persuasion; privileges against disclosure

of information; relevancy; demonstrative, experimental and

scientific evidence; opinion evidence; admissibility of writings;

parol evidence rule; hearsay rule; judicial notice.

The Board's

Test shall cover only the Maryland substantive Law of Evidence,

common law and statute, including the Maryland Rules of Evidence.

FAMILY LAW

The principles of Maryland law regarding creation of (or the

existence of) the marriage relationship; termination of the

marriage; alimony and support of the marriage partner; support

-117-

Board Rule 4

and custody of children; marital property issues; and prenuptial

agreements.

Includes both statutory and common law principles of

Maryland law and procedure except for matters of adoption,

paternity, and juvenile law.

MARYLAND CIVIL PROCEDURE

The various procedural steps and matters involved in an

action at law or in equity, from commencement of the action to

final disposition on appeal.

The subject includes: (a)

jurisdiction of courts; (b) venue; (c) parties and process; (d)

forms of pleading; (e) motions and other means of raising

procedural objections or defenses, including affirmative defenses

and counter-claims; (f) discovery and other pre-trial procedures;

(g) trial practice; (h) entry, effect and enforcement of

judgments; (i) methods of taking appeal or otherwise securing

appellate review; and (j) appellate practice and procedure. The

subject embraces civil procedure and practice in the State

courts.

Federal Rules of practice and procedure are not covered

on the examination.

PROFESSIONAL CONDUCT

The Maryland Attorneys’ Rules of Professional Conduct set

forth in Title 19, Chapter 300 of the Maryland Rules.

PROPERTY

The fundamentals of real property law including concepts of

possession; concurrent and consecutive future estates in land

(and their counterparts in testamentary and inter vivos trusts);

leaseholds and landlord-tenant relationships; fixtures and the

-118-

Board Rule 4

distinction between real and personal property; covenants

enforceable in equity; easements, profits and licenses; rights of

user and exploitation in land (including rights to lateral and

subjacent support); contracts of sale of real estate; the statute

of limitations on real actions (adverse possession) and

prescription; conveyancing priorities and recording (including

marketable title); remedies.

Problems of rules against

perpetuities shall appear only on the MBE test.

TORTS

The law of civil wrongs.

The subject includes, but is not

limited to: (a) negligent torts including causation, standard of

care, primary negligence, comparative and contributory

negligence, assumption of risk, limitations on liability,

contribution and indemnity; impact of insurance; (b) intentional

torts; (c) strict liability, products liability; (d) nuisance;

(e) invasion of privacy; (f) defamation; (g) vicarious liability;

and (h) defenses, immunity and privilege, and damages in

connection with any of these areas.

REPORTER’S NOTE

Language has been added to the section entitled “Evidence”

to clarify that the Maryland Rules of Evidence are covered. The

other changes are stylistic only.

-119-

Board Rule 5

MARYLAND RULES OF PROCEDURE

RULES OF THE BOARD

Board Rule 5.

(a)

EXAMINATION FORMAT, SCORING, AND PASSING STANDARD

Authority

Pursuant to section (c) of Rule 19-206, the State Board of

Law Examiners adopts the Multistate Bar Examination and the

Multistate Performance Test as part of the Maryland Bar

Examination.

Pursuant to section (d) of Rule 19-206, the Board

establishes the policies and standards set forth in the following

sections of this Board Rule to govern the format, scoring, and

passing standard for the Maryland Bar Examination.

(b)

Multistate Bar Examination (MBE)

(1) One part of the Maryland Bar Examination is the

Multistate Bar Examination (MBE).

The MBE is published and

scored by the National Conference of Bar Examiners (NCBE) and its

agents.

(2) The MBE is a multiple choice test.

An applicant's MBE

raw score is the number of questions answered correctly.

MBE raw

scores are scaled to adjust for possible differences in average

question difficulty across administrations of the exam.

As a

result of scaling, a given MBE scale score indicates about the

same level of performance regardless of the particular

administration of the examination on which it is earned.

(c)

Written Test:

Board's Essay Test and the Multistate

Performance Test (MPT)

-120-

Board Rule 5

(1) The other part of

the Maryland Bar Examination is the

Written Test, which comprises the Board's Essay Test and one MPT

question.

test.

The Board shall prepare and grade the Board's Essay

The MPT is published by the NCBE and graded by the Board.

(2) The Board's Essay test shall consist entirely of

questions requiring essay answers.

labeled by subject matter.

Questions shall not be

Single questions may involve two or

more subject matters from the list in Board Rule 4.

(3) The format and specifications for the MPT are determined

by the NCBE.

(4) The raw score for the Written Test shall be calculated as

follows:

Written Test raw score = Sum of Board's Essay test raw

scores + (MPT raw score x 1.5)

(5) The Written Test raw score shall be converted to the same

scale of measurement as that used on the MBE to adjust for

possible differences in average question difficulty across

administrations of the examination.

(d)

Combining MBE and Written Test Scores to Calculate Total

Examination Score

(1) For purposes of calculating an applicant's total scale

score, both the MBE and Written scale scores shall be rounded to

the nearest whole number.

(2) The Written Test shall be weighted twice as heavily as

the MBE in the computation of the total scale score. The

following formula shall be used to compute an applicant's total

-121-

Board Rule 5

scale score on the Maryland Bar Examination:

Total Test Scale Score = (Written Scale Score x 2) + MBE

Scale Score

(e)

Passing Standard

In order to pass the Maryland Bar Examination, an

applicant shall achieve a total scale score, as defined in

subsection (d)(2), of 406 or higher.

(f)

No Carryover of MBE Score or Written Score from Prior

Examinations

For purposes of the Board’s calculation of the total scale

score and determination of the applicant’s pass/fail status, an

applicant shall achieve both the MBE and Written Test scale

scores on the same administration of the Bar Examination.

(g)

Recognition of MBE Score Achieved Concurrently in Another

State

The Board shall accept an MBE score which an applicant

achieves in another state in an administration of the MBE which

is concurrent with Maryland's administration of the Written Test

to the applicant.

For purposes of the Board’s calculation of the

total scale score and determination of the applicant’s pass/fail

status, the concurrent MBE score shall be treated exactly as

though it were achieved in Maryland.

(h)

Adjustment of Passing Standard

For any particular administration of the bar examination,

the Board may, in the interest of fairness, lower (but not raise)

the passing score standard at any time before notices of the

-122-

Board Rule 5

examination results are mailed.

REPORTER’S NOTE

Board Rule 5 contains only stylistic changes.

-123-

Board Rule 6

MARYLAND RULES OF PROCEDURE

RULES OF THE BOARD

Board Rule 6.

(a)

OUT-OF-STATE ATTORNEY EXAMINATION

Subject Matter

The out-of-state attorney examination shall be prepared

and graded by the Board and shall consist entirely of questions

requiring essay answers.

It shall relate to:

(1) Maryland Rules of Procedure governing practice and

procedure in civil cases and criminal causes in all the Courts of

the State of Maryland, including the Appendix of forms,

(2) the Maryland Attorneys’ Rules of Professional Conduct, as

set forth in Title 19, Chapter 300 of the Maryland Rules,

(3) the provisions of the Courts and Judicial Proceedings

Article of the Annotated Code of Maryland, and

(4) the provisions of the Criminal Procedure Article of the

Annotated Code of Maryland.

(b)

Time - Duration

The attorney examination shall be conducted during a part

of the essay day of each regularly scheduled bar examination.

total of three hours writing time shall be allowed for the entire

test.

The point score allotted for each question shall be noted

on the examination sheet.

(c)

Requirement for Passing

In order to pass the examination, a petitioner shall

attain a score of at least 70% of the total point score allotted

-124-

Board Rule 6

to the entire test.

REPORTER’S NOTE

Board Rule 6 contains only stylistic changes.

-125-

Board Rule 7

MARYLAND RULES OF PROCEDURE

RULES OF THE BOARD

Board Rule 7.

ELIGIBILITY TO TAKE THE EXAMINATION PURSUANT TO

RULE 19-201 (b)(2)

In order for an additional degree from an ABA approved law

school in Maryland to qualify under Rule 19-201 (b):

(a) the requirements of the award of the degree from the

applicant’s law school in Maryland shall contain a minimum of 26

cred

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.