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R U L E S

O R D E R

This Court’s Standing Committee on Rules of Practice and

Procedure having submitted its Two Hundred and Seventh Report to

the Court, recommending rescission of current Rules 5-702 and 5902 of the Maryland Rules of Procedure and replacement of them

by revised Rules 5-702 and 5-902, respectively, and transmitting

thereby proposed new Title 10, Chapter 800 (Revocable Trusts);

proposed new Rules 2-807, 5-702, 5-902, and 16-309; and

amendments to current Rules 1-326, 2-504, 2-504.1, 2-801, 4-345,

5-803, 5-901, 16-302, 16-803, 16-919, 18-405, 18-409.1, 18-411,

18-428, 18-433, 18-437, 18-438, 19-102, 19-305.4, 19-308.1, 19308.5, 19-605, 19-606, 19-701, 19-702, 19-703, 19-704, 19-705,

19-706, 19-707, 19-708, 19-711, 19-712, 19-714, 19-715, 19-716,

19-717, 19-718, 19-719, 19-720, 19-721, 19-722, 19-723, 19-724,

19-725, 19-726, 19-727, 19-728, 19-731, 19-732, 19-733, 19-734,

19-735, 19-736, 19-737, 19-738, 19-739, 19-740, 19-741, 19-742,

19-743, 19-744, 19-751, 19-752, 19-802, 20-109, and 20-405; and

The Rules Committee having submitted to the Court a

Supplement to the Two Hundred and Seventh Report, dated April

23, 2021, transmitting thereby proposed amendments to current

Rules 14-305, 2-644, 3-644, and 3-722; and

The Rules Committee having submitted to the Court a Second

Supplement to the Two Hundred and Seventh Report, dated May 19,

2021, transmitting thereby corrections to certain proposed rule

changes transmitted by the Two Hundred Seventh Report; and

This Court having considered the proposed rules changes,

together with comments received, at an open meeting, notice of

which was posted as prescribed by law, and making on its own

motion certain amendments to the proposed changes, it is this

_8_ day of _July_, 2021,

ORDERED, by the Court of Appeals of Maryland, that current

Rule 5-902 heretofore adopted by this Court be, and it is

hereby, rescinded; and it is further

ORDERED that new Title 10, Chapter 800 (Revocable Trusts);

and proposed new Rules 2-807, 5-902, and 16-309 be, and they are

hereby, adopted in the form attached to this Order; and it is

further

ORDERED that the proposed amendments to Rule 4-345 be, and

they are hereby, remanded to the Rules Committee for further

study; and it is further

ORDERED that amendments to Rules 1-326, 2-504, 2-504.1, 2644, 2-801, 3-644, 3-722, 5-702, 5-803, 5-901, 14-305, 16-302,

16-803, 16-919, 18-405, 18-409.1, 18-411, 18-428, 18-433, 18437, 18-438, 19-102, 19-305.4, 19-308.1, 19-308.5, 19-605, 19606, 19-701, 19-702, 19-703, 19-704, 19-705, 19-706, 19-707, 19708, 19-711, 19-712, 19-714, 19-715, 19-716, 19-717, 19-718, 19719, 19-720, 19-721, 19-722, 19-723, 19-724, 19-725, 19-726, 19727, 19-728, 19-731, 19-732, 19-733, 19-734, 19-735, 19-736, 19737, 19-738, 19-739, 19-740, 19-741, 19-742, 19-743, 19-744, 19751, 19-752, 19-802, 20-109, and 20-405 be, and they are hereby,

adopted in the form attached to this Order; and it is further

ORDERED that the Rules changes hereby adopted by this Court

shall govern the courts of this State and all parties and their

attorneys in all actions and proceedings, and shall take effect

and apply to all actions commenced on or after October 1, 2021

and, insofar as practicable, to all actions then pending; and it

is further

ORDERED that a copy of this Order be posted promptly on the

website of the Maryland Judiciary.

/s/ Mary Ellen Barbera_________

Mary Ellen Barbera

/s/ Robert N. McDonald_________

Robert N. McDonald

/s/ Shirley M. Watts___________

Shirley M. Watts

/s/ Michele D. Hotten__________

Michele D. Hotten

/s/ Joseph M. Getty____________

Joseph M. Getty

/s/ Brynja M. Booth____________

Brynja M. Booth

/s/ Jonathan Biran_____________

Jonathan Biran

Filed:

July 9, 2021

Pursuant to Maryland Uniform Electronic Legal

Materials Act

(§§ 10-1601 et seq. of the State Government Article) this document is authentic.

2021-07-09 10:04-04:00

/s/ Suzanne C. Johnson______

Clerk

Court of Appeals of Maryland

Suzanne C. Johnson, Clerk

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 300 – GENERAL PROVISIONS

AMEND Rule 1-326 by adding a new section (d) pertaining to

access to case records and by making stylistic changes, as

follows:

RULE 1-326.

PROCEEDINGS REGARDING VICTIMS AND VICTIMS’

REPRESENTATIVES

(a)

Entry of Appearance

An attorney may enter an appearance on behalf of a victim

or a victim's representative in a proceeding under Title 4,

Title 8, or Title 11 of these Rules for the purpose of

representing the rights of the victim or victim's

representative.

(b)

Service of Pleadings and Papers

A party shall serve, pursuant to Rule 1-321 on counsel

the attorney for a victim or a victim's representative, copies

of all pleadings or papers that relate to: (1) the right of the

victim or victim's representative to be informed regarding the

criminal or juvenile delinquency case, (2) the right of the

victim or victim's representative to be present and heard at any

hearing, or (3) restitution. Any additional pleadings and papers

shall be served only if the court directs.

(c)

Duties of Clerk

The clerk shall (1) send to counsel the attorney for a

victim or victim's representative a copy of any court order

relating to the rights of the victim referred to in section (b)

of this Rule and (2) notify counsel the attorney for a victim or

a victim's representative of any hearing that may affect the

rights of the victim or victim's representative.

(d)

Access to Case Records

An attorney who has entered an appearance in an action

for a victim or victim’s representative shall have access to all

case records in the action that are not sealed, shielded under

the Rules in Title 16, Chapter 900 of these Rules, or subject to

a protective order.

Committee note: This Rule does not abrogate any obligation to

provide certain notices to victims and victims' representatives

required by statute or by other Rule.

Cross reference: See Maryland Declaration of Rights, Article

47; Rule 18-102.6 (a); and Rule 18-202.6 (a). For definitions of

“victim” and “victim's representative,” see Code, Courts

Article, § 3-8A-01 and Code, Criminal Procedure Article, Title

11.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 – TRIAL

AMEND Rule 2-504 by amending subsection (b)(2)(I) to

reference remote electronic participation, and by making

stylistic changes to subsection (b)(2), as follows:

RULE 2-504.

SCHEDULING ORDER

. . .

(b)

Contents of Scheduling Order

. . .

(2) Permitted

A scheduling order may also may contain:

. . .

(H) a process by which the parties may assert claims of

privilege or of protection after production; and

(I) procedures and requirements the court finds necessary

when any proceedings in the action will be conducted by remote

electronic participation pursuant to Title 2, Chapter 800 of

these Rules; and

(I)(J) any other matter pertinent to the management of the

action.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 500 – TRIAL

AMEND Rule 2-504.1 by amending section (a) to reference

remote electronic proceedings, by adding new subsection (a)(3)

regarding proceedings conducted by remote electronic

participation, and by making stylistic changes, as follows:

RULE 2-504.1.

(a)

SCHEDULING CONFERENCE

When Required

In any of the following circumstances, the court shall

issue an order requiring the parties to attend a scheduling

conference, in person or by remote electronic participation

pursuant to the Rules in Title 2, Chapter 800 of these Rules:

(1) in an action placed or likely to be placed in a

scheduling category for which the case management plan adopted

pursuant to Rule 16-302 (b) requires a scheduling conference;

(2) in an action in which an objection to computer-generated

evidence is filed under Rule 2-504.3 (d); or

(3) in an action in which jury selection or any other

significant proceeding will be conducted by remote electronic

participation; or

(3)(4) in an action, in which a party requests a scheduling

conference and represents that, despite a good faith effort, the

parties have been unable to reach an agreement (i)(A) on a plan

for the scheduling and completion of discovery, (ii)(B) on the

proposal of any party to pursue an available and appropriate

form of alternative dispute resolution, or (iii)(C) on any other

matter eligible for inclusion in a scheduling order under Rule

2-504.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 600 – JUDGMENT

AMEND Rule 2-644 by updating the reference to Rule 14-305,

as follows:

Rule 2-644.

SALE OF PROPERTY UNDER LEVY

. . .

(d) Transfer of Real Property Following Sale

The procedure following the sale of an interest in real

property shall be as prescribed by Rule 14-305, except that (1)

the provision of Rule 14-305 (f)(g) for referral to an auditor

does not apply and (2) the court may not ratify the sale until

the judgment creditor has filed a copy of the public assessment

record for the real property kept by the supervisor of

assessments in accordance with Code, Tax-Property Article, § 2211.

After ratification of the sale by the court, the sheriff

shall execute and deliver to the purchaser a deed conveying the

debtor's interest in the property, and if the interests of the

debtor included the right to possession, the sheriff shall place

the purchaser in possession of the property.

necessary for the debtor to execute the deed.

. . .

It shall not be

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 800 – REMOTE ELECTRONIC PARTICIPATION IN JUDICIAL

PROCEEDINGS

AMEND Rule 2-801 by adding definitions of “evidentiary

proceeding,” “judicial proceeding,” and “virtual jury trial”; by

adding clarifying language to the definition of “remote

location” and a Committee Note after the definition; by revising

the definition of “video conferencing” to include virtual jury

trials; and by making stylistic changes, as follows:

RULE 2-801.

DEFINITIONS

In this Chapter, the following definitions apply except as

otherwise provided or as necessary implication requires:

(a)

Evidentiary Proceeding

“Evidentiary proceeding” means a judicial proceeding at

which evidence in any form will be presented.

(b)

Judicial Proceeding

“Judicial proceeding” means any evidentiary or non-

evidentiary proceeding over which a judge, magistrate, auditor,

or examiner presides.

(a)(c)

Non-evidentiary Proceeding

“Non-evidentiary proceeding” means a judicial proceeding,

including a conference, presided over by a judge, magistrate,

auditor, or examiner, where neither testimony nor documentary or

physical evidence will be presented, other than by stipulation

by all parties.

Committee note: Consideration of documents attached to a motion

or a response to a motion does not, itself, preclude a hearing

on the motion from being deemed a “non-evidentiary proceeding.”

(b)(d)

Participant

“Participant” includes a party, witness, attorney for a

party or witness, judge, magistrate, auditor, or examiner, and

any other individual entitled to speak or make a presentation at

the proceeding.

(c)(e)

Remote Electronic Participation

“Remote electronic participation” means simultaneous

participation in a judicial proceeding or conference from a

remote location by means of telephone, video conferencing, or

other electronic means approved by the court pursuant to the

Rules in this Chapter.

(d)(f)

Remote Location

“Remote location” means a place other than the courtroom

or other physical location where a judicial proceeding or

conference is to be conducted.

For purposes of this definition,

the place where a judicial proceeding or conference is to be

conducted is the place from which the presiding judicial

official will be participating.

Committee note: Section (f) of this Rule takes account of the

situation in which the presiding judicial official also will be

participating from a place other than the court facility.

(e)(g)

Video Conferencing

“Video conferencing” means a method of conducting a

judicial proceeding conducted by the use of an interactive

technology that sends video, voice, and data signals over a

transmission circuit so that two or more individuals or groups

can communicate with each other simultaneously using video

monitors and related audio equipment.

(h)

Virtual Jury Trial

“Virtual jury trial” means a jury trial conducted by

remote electronic participation.

Source: This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 800 – REMOTE ELECTRONIC PARTICIPATION IN JUDICIAL

PROCEEDINGS

ADD new Rule 2-807, as follows:

RULE 2-807.

(a)

VIRTUAL JURY TRIALS

Applicability

(1) Applicability of this Rule.

This Rule applies to civil actions that the county’s

case management plan provides are eligible for a virtual jury

trial.

Cross reference: See Rule 16-302 (b).

(2) Applicability of Other Rules

Except to the extent of any inconsistency with this

Rule, the other applicable Maryland Rules apply.

To the extent

there is any inconsistency, this Rule prevails.

(b)

Circumstances Warranting Virtual Jury Trial

In any case where (1) the parties and the county

administrative judge consent to a virtual jury trial or (2) the

court orders a virtual trial due to a state of emergency

declared by the Governor and the Chief Judge of the Court of

Appeals, the trial shall proceed through remote video

conferencing.

Committee note: The need for this Rule was a consequence of the

COVID-19 pandemic. While not limited to pandemics or other

natural disasters, the invocation of this Rule should be

considered only in the most dire and emergent circumstances.

The Rule is not intended to substitute trial processes on

virtual platforms for trials conducted in courthouses where

participants can be physically present in a designated location.

Trial judges are reminded to employ virtual jury trials as a

procedure of last resort and to preserve the time-honored

process of public trials with full and unfettered opportunity of

parties to participate in the proceedings in person, except as

otherwise permitted elsewhere in the Rules of Procedure.

(c)

Pretrial Proceedings

(1) Scheduling Conference

If the court anticipates conducting a virtual jury trial

in an action, or upon motion of a party, the court shall conduct

a scheduling conference pursuant to Rule 2-504.1.

At the

scheduling conference, any party may note an objection to a

virtual jury trial and provide reasons for the objection. The

court shall consider the objection prior to determining whether

a virtual jury trial will be held.

(2) Pretrial Conference

(A) Timing

The court shall conduct a pretrial conference no later

than ten days before a virtual jury trial.

(B) Prior to Pretrial Conference

To the extent practicable, all proposed exhibits,

other than rebuttal and impeachment exhibits, and requested jury

selection questions shall be filed with the court and served on

the other parties at least ten days before the pretrial

conference.

To the extent practicable, any objections to the

admissibility of an exhibit shall be filed and served within

three days after service of the proposed exhibit.

In addition to the matters listed in Rule 2-504.2 (b),

the court shall consider the following matters in preparation

for a virtual jury trial:

(i) an inquiry to confirm that each attorney, party, and

witness has the technology required to participate;

Committee note: The court should direct all participants to

familiarize themselves with the video conferencing software,

exhibit presentation, use of breakout rooms, bench conferences,

and other aspects of the virtual trial.

(ii) appropriate virtual backgrounds to be displayed by

each attorney, party, and witness at all times;

(iii) resolution of any objections raised pursuant to

subsection (c)(2)(B);

(iv) conversion into electronically viewable format of

exhibits to be offered into evidence and, as appropriate, made

available to jurors and witnesses;

(v) identification and determination of any objections

to depositions under Rule 2-419 (d) at the pretrial conference;

(vi) additional instructions that are to be given

pertaining to the remote nature of the jury trial;

Committee note: Instructions should include guidelines for

participating in the virtual proceedings, such as a requirement

that video cameras remain powered on throughout the entirety of

the hearing, background noises and other distractions should be

minimized, participants may only use their technological device

to attend the proceeding, and all other technological devices

must be powered off.

(vii) the method for providing jury instructions to

jurors, such as through e-mail or via a court-approved secure

file sharing service;

(xiii) a trial schedule designed to minimize the fatigue

associated with online participation in a virtual trial; and

Committee note: A trial schedule designed to minimize fatigue

may include limiting morning and afternoon sessions to three

hours and scheduling periodic breaks. The judge and attorneys

should make a reasonable effort to agree on the schedule, but if

no agreement is reached, the court determines an appropriate

trial schedule.

(ix) any other matters that can be resolved prior to

trial to minimize sidebar conferences or otherwise expedite the

trial proceedings.

(D) Pretrial Conference Order

Following the pretrial conference, the court shall enter a

Pretrial Conference Order reciting the actions taken and

stipulations made.

The Order shall control the subsequent

proceedings and may be modified only to prevent manifest

injustice.

(d)

Subpoenas

(1) Generally

In addition to complying with the content requirements

of Rule 2-510, a subpoena issued to require the presence of an

individual at a proceeding to be conducted by remote electronic

participation shall describe the method by which that presence

will be implemented and state that details will be supplied by a

court official prior to the court proceeding.

The party

requesting the subpoena shall provide the court official in

writing with an e-mail address for the individual subject to the

subpoena if the individual subject to the subpoena is to appear

by remote electronic participation.

Unless impracticable, the

court official shall send log-in information to individuals

appearing by remote electronic participation at least five days

before the date of the virtual jury trial.

The subpoena shall

direct the individual subject to the subpoena to contact the

party who requested the subpoena within three days if the

individual is unable to effect his or her presence by the manner

stated in the subpoena.

(2) If Remote Electronic Participation by Witness is

Impracticable

If it is impracticable for a witness to appear by remote

electronic participation for the proceeding, the subpoena may

direct the witness to appear at the courthouse to participate

with lawful and appropriate assistance from court personnel.

The party requesting the subpoena shall (A) file a return of

service and (B) notify the clerk in writing at least three days

before the trial if a witness was served with a subpoena

pursuant to subsection (d)(2) of this Rule.

Committee note: The party requesting the subpoena should make

reasonable efforts to secure an e-mail address for the witness

to comply with subsection (d)(1). However, in the instance

where remote electronic participation cannot be secured,

subsection (d)(2) requires the witness to physically appear at

the courthouse for assistance in complying with the subpoena.

(e)

Jurors

(1) Jury Selection

(A) Juror Qualification Forms

A juror qualification form may be used to collect

information regarding a juror’s ability to participate in a

virtual jury trial.

Rule 16-309 (b).

The contents of the form shall comply with

Except as provided in Rule 2-512 (c),

responses to juror qualification forms shall remain

confidential.

(B) Examination

Jury selection may occur by video conferencing.

advance of the examination, case-specific written questionnaires

may be used to elicit appropriate information.

The parties

shall have access to the jurors’ responses to case-specific

written questionnaires in advance of the examination to expedite

the selection process.

in addition to the alternates ordinarily selected for

an in-person jury trial, the court may select up to two

additional alternate jurors to serve on the jury panel.

Committee note: The additional alternate jurors permitted by

subsection (e)(1)(C) account for jurors who experience technical

difficulties that could prevent them from continuing with the

trial or who develop a health-related issue that requires them

to be excused.

(2) Jury Instructions

(A) The court shall provide empaneled jurors with

instructions and training on the use of remote technology and

the protocol for informing the court if they experience

technical problems during the trial.

Designated staff shall be

made available to monitor and address technical issues.

Committee note: The Court’s instructions for contacting

designated court staff to convey technical problems or other

issues during trial may include instructions for the jurors to

contact staff by phone call, text messaging, email, or through

video conferencing.

(B) At the commencement of trial, the court shall provide

specific instructions and information to the jury that pertain

to the remote format of the trial.

Committee note: The trial judge should provide an enhanced jury

charge that emphasizes the need for jurors to give their full

attention to the trial and to maintain the secrecy of jury

deliberations.

Rule 2-520, the court shall issue instructions to the jury by

video conferencing.

At the court’s discretion, jury

instructions may be made available to jurors during

deliberations in a digital viewing format.

(3) Jurors’ Notes

Jurors shall be permitted to take notes but shall be

instructed to destroy or delete those notes at the conclusion of

the trial.

A juror’s notes may not be reviewed by or relied

upon for any purpose by any person other than the author.

Cross reference: See Rule 2-521 (a) regarding jurors’ notes

during an in-person trial.

(4) Juror Review of Documents

The court shall arrange for documentary evidence and a

verdict sheet to be converted into a digital viewing format that

is secure and available for juror access during deliberations.

(5) Deliberations

Jurors shall deliberate using the video conferencing

software used to participate during the virtual jury trial.

For

deliberations, jurors shall be placed in a separate virtual

breakout room, and no one other than the jurors shall be allowed

access to the virtual deliberation room.

Once a verdict has

been reached, the jury foreperson shall notify the designated

officer of the court, who will then notify the judge.

(6) Jury Verdict

Once a verdict has been reached, the jury shall be moved

from the separate virtual breakout room to the virtual courtroom

to return the verdict.

discharged.

The jury shall be polled before it is

If the poll discloses that the jury, or stated

majority, has not concurred in the verdict, the court may direct

the jury to retire for further deliberations or may discharge

the jury.

Committee note: Although for in-person jury trials, Rule 2-522

(b)(4) requires polling of the jury “on request of a party or on

the court’s own initiative,” subsection (e)(6) of this Rule

requires polling of the jury for all virtual jury trials in

which a verdict has been reached.

(7) Communication with Court

All communications by a juror shall be made to the court

employee designated by the judge to receive them. Upon receipt

of a communication from the jury or a juror, the designated

employee shall promptly notify the judge of the communication.

If the judge determines that the communication pertains to the

action, the judge shall promptly, and before responding to the

communication, direct that the parties be notified of the

communication and invite and consider, on the record, the

parties’ positions on any response.

Cross reference: See Rule 2-521 (d) for communications with the

jury during an in-person trial.

(f)

Use of Electronic Devices

In accordance with the standards and requirements set

forth in Rule 2-805, court personnel, parties to a case, and

witnesses may use technological equipment and video conferencing

software to facilitate a virtual jury trial.

A juror may use an

electronic device with audio and video capabilities and video

conferencing software to participate in the virtual jury trial.

A juror may not use the electronic device for any purpose other

than participating in the virtual jury trial while the trial is

in session.

Except during periods specified by the judge or as

otherwise permitted by this Rule, other electronic devices shall

be turned off or set on silent mode while the trial is in

session.

Committee note: An example of a permitted use of an electronic

device that otherwise is required to be turned off or set on

silent mode is the use of the juror’s cell phone to contact

designated court staff regarding a technical problem with the

video conferencing software.

(g)

Recording Proceedings

A person may not record, download, or transmit an audio,

audio-video, video, or still image of proceedings under this

Rule except as directed by the court for compliance with Rule 2804 (e) and (f).

Source: This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 600 – JUDGMENT

AMEND Rule 3-644 by updating the reference to Rule 14-305,

as follows:

Rule 3-644.

SALE OF PROPERTY UNDER LEVY

. . .

(d)

Transfer of Real Property Following Sale

The procedure following the sale of an interest in real

property shall be as prescribed by Rule 14-305, except that (1)

the provision of Rule 14-305(c)(4) (g) for referral to an

auditor does not apply and (2) the court may not ratify the sale

until the judgment creditor has filed a copy of the public

assessment record for the real property kept by the supervisor

of assessments in accordance with Code, Tax-Property Article, §

2-211. After ratification of the sale by the court, the sheriff

shall execute and deliver to the purchaser a deed conveying the

debtor's interest in the property, and if the interests of the

debtor included the right to possession, the sheriff shall place

the purchaser in possession of the property. It shall not be

necessary for the debtor to execute the deed.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 3 – CIVIL PROCEDURE – DISTRICT COURT

CHAPTER 700 – SPECIAL PROCEEDINGS

AMEND Rule 3-722 by updating references to Rule 14-305, as

follows:

Rule 3-722.

. . .

(f)

RECEIVERS

Procedure Following Sale

(1) Notice by Mail

Upon filing the Report of Sale, the receiver shall

send a notice by first class mail and certified mail to the last

known address of: the mortgagor; the present record owner of the

property; and the holder of a recorded subordinate mortgage,

deed of trust, or other recorded or filed subordinate interest

in the property, including a judgment.

The notice shall

identify the property and state that the sale of the property

has been completed and will be final unless cause to the

contrary is shown within 30 days after the date of the notice.

The receiver shall file proof of mailing with the court.

This

notice shall be in lieu of notice and publication by the clerk

pursuant to Rule 14-305 (c)(d).

(2) Posting of Property

The receiver also shall cause the notice to be posted

in a conspicuous place on the property and file proof of posting

with the court.

(3) Exceptions to Sale

Exceptions to the sale may be filed within 30 days

after the date of the mailing or posting of the notice,

whichever is later.

In all other respects, exceptions shall be

governed by Rule 14-305 (d)(e).

. . .

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 700 – OPINIONS AND EXPERT TESTIMONY

Amend Rule 5-702 by deleting the Committee Note and adding

a cross reference following the Rule, as follows:

RULE 5-702.

TESTIMONY BY EXPERTS

Expert testimony may be admitted, in the form of an opinion

or otherwise, if the court determines that the testimony will

assist the trier of fact to understand the evidence or to

determine a fact in issue.

In making that determination, the

court shall determine

(1) whether the witness is qualified as an expert by

knowledge, skill, experience, training, or education,

(2) the appropriateness of the expert testimony on the

particular subject, and

(3) whether a sufficient factual basis exists to support the

expert testimony.

Committee note: This Rule is not intended to overrule Reed v.

State, 283 Md. 374 (1978) and other cases adopting the

principles enunciated in Frye v. United States, 293 F. 1013

(D.C.Cir.1923). The required scientific foundation for the

admission of novel scientific techniques or principles is left

to development through case law. Compare Daubert v. Merrell Dow

Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993).

Cross reference:

Source:

See Rochkind v. Stevenson, 471 Md. 1 (2020).

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 800 – HEARSAY

AMEND Rule 5-803 by updating a cross reference following

subsection (b)(6), as follows:

Rule 5-803.

HEARSAY EXCEPTIONS: UNAVAILABILITY OF DECLARANT NOT

REQUIRED

. . .

(b)

Other Exceptions

(1) Present Sense Impression

A statement describing or explaining an event or

condition made while the declarant was perceiving the event or

condition, or immediately thereafter.

(2) Excited Utterance

A statement relating to a startling event or condition

made while the declarant was under the stress of excitement

caused by the event or condition.

(3) Then Existing Mental, Emotional, or Physical Condition

A statement of the declarant's then existing state of

mind, emotion, sensation, or physical condition (such as intent,

plan, motive, design, mental feeling, pain, and bodily health),

offered to prove the declarant's then existing condition or the

declarant's future action, but not including a statement of

memory or belief to prove the fact remembered or believed unless

it relates to the execution, revocation, identification, or

terms of declarant's will.

(4) Statements for Purposes of Medical Diagnosis or

Treatment

Statements made for purposes of medical treatment or

medical diagnosis in contemplation of treatment and describing

medical history, or past or present symptoms, pain, or

sensation, or the inception or general character of the cause or

external sources thereof insofar as reasonably pertinent to

treatment or diagnosis in contemplation of treatment.

(5) Recorded Recollection

See Rule 5-802.1 (e) for recorded recollection.

(6) Records of Regularly Conducted Business Activity

A memorandum, report, record, or data compilation of

acts, events, conditions, opinions, or diagnoses if (A) it was

made at or near the time of the act, event, or condition, or the

rendition of the diagnosis, (B) it was made by a person with

knowledge or from information transmitted by a person with

knowledge, (C) it was made and kept in the course of a regularly

conducted business activity, and (D) the regular practice of

that business was to make and keep the memorandum, report,

record, or data compilation. A record of this kind may be

excluded if the source of information or the method or

circumstances of the preparation of the record indicate that the

information in the record lacks trustworthiness. In this

paragraph, “business” includes business, institution,

association, profession, occupation, and calling of every kind,

whether or not conducted for profit.

Cross reference: Rule 5-902 (b) (12).

Committee note: Public records specifically excluded from the

public records exceptions in subsection (b)(8) of this Rule may

not be admitted pursuant to this exception.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 900 – AUTHENTICATION AND IDENTIFICATION

AMEND Rule 5-901 by updating a Committee note following

subsection (b)(9), as follows:

Rule 5-901.

REQUIREMENT OF AUTHENTICATION OR IDENTIFICATION

. . .

(b)

Illustrations

· · ·

(9) Process or System

Evidence describing a process or system used to produce

the proffered exhibit or testimony and showing that the process

or system produces an accurate result.

Committee note: This Rule is not intended to indicate the type

of evidence that may be required to establish that a system or

process produces an accurate result. See, e.g., Rule 5-702 and

its Committee note.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 900 – AUTHENTICATION AND IDENTIFICATION

DELETE current Rule 5-902 and ADD new Rule 5-902, as

follows:

Rule 5-902.

SELF-AUTHENTICATION

Subject to the conditions in this Rule, the following items

of evidence are self-authenticating, and, except as required by

statute or this Rule, require no testimony or other extrinsic

evidence of authenticity in order to be admitted:

(1) Domestic Public Documents Under Seal

A document bearing a seal purporting to be that of the

United States, or of any state, district, commonwealth,

territory, or insular possession thereof, or the Panama Canal

Zone, or the trust territory of the Pacific Islands, or of a

political subdivision, department, officer, or agency thereof,

and a signature purporting to be an attestation or execution.

(2) Domestic Public Documents Not Under Seal

A document purporting to bear the signature in the

official capacity of an officer or employee of any entity

included in paragraph (1) of this Rule, having no seal, if a

public officer having a seal and having official duties in the

district or political subdivision of the officer or employee

certifies under seal that the signer has the official capacity

and that the signature is genuine.

(3) Foreign Public Documents

A document that purports to be signed or attested by a

person who is authorized by a foreign country’s law to do so.

The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position

of the signer or attester – or of any foreign official whose

certificate of genuineness relates to the signature or

attestation or is in a chain of certificates of genuineness

relating to the signature or attestation.

The certification may

be made by a secretary of a United States embassy or legation;

by a consul general, vice consul, or consular agent of the

United States; or by a diplomatic or consular official of the

foreign country assigned or accredited to the United States. If

all parties have been given a reasonable opportunity to

investigate the document’s authenticity and accuracy, the court

may, for good cause, either:

(A) order that it be treated as presumptively authentic

without final certification; or

(B) allow it to be evidenced by an attested summary with

or without final certification.

(4) Certified Copies of Public Records

A copy of an official record or report or entry therein,

or of a document authorized by law to be recorded or filed and

actually recorded or filed in a public office, including data

compilations, certified as correct by the custodian or other

person authorized to make the certification, by certificate

complying with this Rule or complying with any applicable

statute or these rules.

(5) Official Publications

Books, pamphlets, or other publications purporting to be

issued or authorized by a public agency.

(6) Newspapers and Periodicals

Printed materials purporting to be newspapers or

periodicals.

(7) Trade Inscriptions and the Like

Inscriptions, signs, tags, or labels purporting to have

been affixed in the course of business and indicating ownership,

control, or origin.

(8) Acknowledged Documents

Documents accompanied by a certificate of acknowledgment

executed in the manner provided by law by a notary public or

other officer authorized by law to take acknowledgments.

(9) Commercial Paper and Related Documents

To the extent provided by applicable commercial law,

commercial paper, signatures thereon, and related documents.

Cross reference: See, e.g., Code, Commercial Law Article, §§ 1202, 3-308, and 3-505.

(10) Presumptions Under Statutes or Treaties

Any signature, document, or other matter declared by

applicable statute or treaty to be presumptively genuine or

authentic.

(11) Items as to Which Required Objections Not Made

Unless justice otherwise requires, any item as to

which, by statute, rule, or court order, a written objection as

to authenticity is required to be made before trial, and an

objection was not made in conformance with the statute, rule, or

order.

(12) Certified Records of Regularly Conducted Activity

The original or a copy of a record of a regularly

conducted activity that meets the requirements of Rule 5-803

(b)(6)(A)-(D) and has been certified in a Certification of

Custodian of Records or Other Qualified Individual Form

substantially in compliance with such a form approved by the

State Court Administrator and posted on the Judiciary website,

provided that, before the trial or hearing in which the record

will be offered into evidence, the proponent (A) gives an

adverse party reasonable written notice of the intent to offer

the record and (B) makes the record and certification available

for inspection so that the adverse party has a fair opportunity

to challenge them on the ground that the sources of information

or the method or circumstances of preparation indicate lack of

trustworthiness.

Committee note: An objection to self-authentication under

paragraph (12) of this Rule made in advance of trial does not

constitute a waiver of any other ground that may be asserted as

to admissibility at trial.

In a consumer debt collection action not resolved by

judgment on affidavit, Code, Courts Article, § 5-1203 (b)(2)

requires that a debt buyer or a collector acting on behalf of a

debt buyer introduce specified documents “in accordance with the

Rules of Evidence applicable to actions that are not small

claims actions brought under § 4-405 of this Article.”

Consequently, if the debt buyer or collector intends to offer

business records into evidence in a small claim action without

in-court testimony of a witness, the debt buyer must provide

notice to the opposing party in conformance with Rule 5-902

(12).

(13) Certified Records Generated by an Electronic Process or

System

A record generated by an electronic process or system

that produces an accurate result, as shown by a certification of

a qualified person that complies with the certification and

notification requirements of paragraph (12) of this Rule.

(14) Certified Data Copied from an Electronic Device,

Storage Medium, or File

Data copied from an electronic device, storage medium,

or file, if authenticated by a process of digital

identification, as shown by a certification of a qualified

person that complies with the certification and notification

requirements of paragraph (12) of this Rule.

Committee note: Paragraphs 13 and 14 of this Rule are derived

from Fed. R. Evid. 902 (13) and (14). See Advisory Committee

Notes attached to the federal provisions for an explanation of

how these provisions are intended to operate.

Nothing in paragraphs (13) and (14) is intended to limit a

party from establishing authenticity of electronic evidence on

any ground provided in these Rules, including under Rule 5-901

or through judicial notice where appropriate.

A certification under paragraphs (13) and (14) can only

establish that the proffered item is authentic. The opponent

remains free to object to admissibility of the proffered item on

other grounds.

Source: This Rule is in part derived from the 2020 version of

Fed. R. Evid. 902 and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 800 – REVOCABLE TRUSTS

TABLE OF CONTENTS

DIVISION 1.

Rule 10-801.

GENERAL PROVISIONS

NOTICE UPON DEATH OF SETTLOR

(a) Notice to Personal Representative

(b) Notice to Surviving Spouse

Rule 10-802.

LIABILITY FOR CLAIMS AGAINST DECEDENT-SETTLOR

(a) Generally

(b) Responsibilities of Trustee Where Estate Proceeding

Commenced

Rule 10-803.

AUGMENTED ESTATE

(a) Generally

(b) Duties of Trustee

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 800 – REVOCABLE TRUSTS

ADD New Rule 10-801, as follows:

RULE 10-801.

(a)

NOTICE UPON DEATH OF SETTLOR

Notice to Personal Representative

If a proceeding other than for a small estate under Code,

Estates and Trusts Article Title 5, Subtitle 6 is commenced to

administer the estate of the decedent-settlor of a trust that

was revocable at the time of death, the trustee of the trust

shall notify the personal representative of the existence of the

trust and the identity of each trustee within 30 days after the

date the trustee acquires knowledge of the opening of the

estate.

Cross reference: See Code, Estates and Trusts Article, §14.5508 (b)(1) for the effect of a claim filed in an estate

proceeding on trust property. See Rule 6-413 for the right of a

trustee to intervene before a claim is allowed in the estate

proceeding.

(b)

Notice to Surviving Spouse

If the decedent-settlor is survived by a spouse, the

trustee shall notify the surviving spouse of the existence of

the trust, the identity of each trustee, and of the surviving

spouse’s right to request a copy of the trust instrument within

60 days of after the date the trustee acquires knowledge of the

decedent’s death.

Cross reference: For the duties of a trustee in connection with

the calculation and payment of the elective share, see Code,

Estates and Trusts Article, §3-409.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 800 – REVOCABLE TRUSTS

ADD New Rule 10-802, as follows:

RULE 10-802.

(a)

LIABILITY FOR CLAIMS AGAINST DECEDENT-SETTLOR

Generally

After the death of a settlor, subject to Code, Estates

and Trusts Article, §14.5-508 (b)(1) and the right of the

settlor to direct the source from which liabilities will be

paid, the property of a trust that was revocable at the death of

the settlor is subject to claims of the creditors of the

decedent-settlor.

Cross-reference:

508 (a)(5).

(b)

See Code, Estates and Trusts Article, §14.5-

Responsibilities of Trustee Where Estate Proceeding

Commenced

If a proceeding has been commenced to administer the

estate of a decedent-settlor other than a small estate, the

trustee, property, and beneficiaries of a revocable trust are

not liable for claims of creditors of the settlor that are not

presented in the estate proceeding pursuant to Rule 6-413.

(c)

Responsibilities of Trustee Where No Estate Proceeding

Commenced

(1) If a proceeding to administer the estate of the

decedent-settlor has not been commenced, or if a small estate

has been commenced, the trustee of a revocable trust of which

the decedent was a settlor may publish a notice pursuant to

subsections (c)(2) and (3) of this Rule.

Publication of the

notice shall afford the trust property, trustee, and

beneficiaries of the trust with the protections afforded in

Code, Estates and Trusts Article, § 8-103, for claims presented

more than six months after the date of the first publication of

the notice.

(2) The trustee’s notice to creditors shall be substantially

in the following form:

Notice to Creditors of a Settlor of a Revocable Trust

To all persons interested in the trust of ___________:

This is to give notice that __________________ died on or

about __________.

Before the decedent's death, the decedent

created a revocable trust for which the undersigned,

___________________, whose address is

__________________________________, is now a trustee.

To have a claim satisfied from the property of this trust,

a person who has a claim against the decedent shall present the

claim on or before the date that is six months after the date of

the first publication of this notice to the undersigned trustee

at the address stated above.

The claim shall include the

following information:

1. A verified written statement of the claim indicating its

basis;

2. The name and address of the claimant;

3. If the claim is not yet due, the date on which it will become

due;

4. If the claim is contingent, the nature of the contingency;

5. If the claim is secured, a description of the security; and

6. The specific amount claimed.

Any claim not presented to the trustee on or before that

date or any extension provided by law is unenforceable.

(Signature of Trustee)

Date of first publication: _____________________.

(3) The trustee shall publish the notice once a week for

three successive weeks in a newspaper of general circulation in

what would otherwise be the proper venue for an administration

of judicial probate for that decedent.

(4) Claims against the decedent-settlor are forever barred

as against the trust property, trustee, and beneficiaries of the

trust unless, within six months of first publication of notice,

the creditor (A) files an action against the trustee and serves

a copy of the complaint on the trustee within 30 days of filing

or (B) presents a claim to the trustee with the information

required by the notice.

(5) If the trustee disallows the claim wholly or in a stated

amount, the claimant is forever barred to the extent of the

disallowance unless the claimant files an action against the

trustee or against any person to whom the trust property has

been distributed within 60 days after the mailing of the notice

of disallowance by the trustee to the claimant.

The notice

informing the claimant of the disallowance shall contain a

warning to the claimant concerning the time limitation for

commencing an action.

Cross-reference:

508 (b)(2)-(6).

Source:

See Code, Estates and Trusts Article, §14.5-

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 800 – REVOCABLE TRUSTS

ADD New Rule 10-803, as follows:

RULE 10-803.

(a)

AUGMENTED ESTATE

Generally

A trust that is revocable at the time of death of the

settlor is part of the decedent-settlor’s augmented estate for

the purposes of calculating the estate subject to election by a

surviving spouse pursuant to Code, Estates and Trusts Article,

Title 3, Subtitle 4.

(b)

Duties of Trustee

On receipt of a written request by the decedent-settlor’s

surviving spouse, the trustee of a revocable trust shall deliver

all information necessary to calculate the elective share.

Cross-reference:

(c)

Code, Estates and Trusts Article, § 3-409.

Value and Sources of Payment

The orphans’ court may issue orders that may be necessary

to determine or modify the value or sources of payment of an

elective share.

Cross-reference:

and 3-413.

Source:

See Code, Estates and Trusts Article, §§ 2-102

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 14 – SALES OF PROPERTY

CHAPTER 300 – JUDICIAL SALES

AMEND Rule 14-305 by adding new section (c) requiring an

affidavit by an auctioneer following a sale, by adding a

Committee note after section (c), and by making stylistic

changes, as follows:

Rule 14-305.

(a)

PROCEDURE FOLLOWING SALE

Report of Sale

As soon as practicable, but not more than 30 days after a

sale, the person authorized to make the sale shall file with the

court a complete report of the sale and an affidavit of the

fairness of the sale and the truth of the report.

(b)

Affidavit of Purchaser

Before a sale is ratified, unless otherwise ordered by

the court for good cause, the purchaser shall file an affidavit

setting forth:

(1) whether the purchaser is acting as an agent and, if so,

the name of the principal;

(2) whether others are interested as principals and, if so,

the names of the other principals; and

(3) that the purchaser has not directly or indirectly

discouraged anyone from bidding for the property.

(c)

Affidavit of Auctioneer

Within 15 days after conducting a sale, the auctioneer

shall file an affidavit stating that:

(1) neither the auctioneer nor any affiliate or subsidiary

of the auctioneer has paid any compensation or other

consideration to any person for hiring or aiding in the hiring

of the auctioneer to conduct the sale;

(2) neither the auctioneer nor any affiliate or subsidiary

of the auctioneer has any direct or indirect interest in the

property sold other than a lawful and agreed-upon fee for

conducting the sale; and

(3) neither the auctioneer nor any affiliate or subsidiary

of the auctioneer has entered into any agreement or

understanding with any person to conduct or assist with the

resale of the property other than a resale ordered by the court

pursuant to section (f) or (h) of this Rule.

Committee note: Section (c) of this Rule does not preclude a

trustee from hiring an auctioneer to provide additional services

in connection with the sale. If the additional compensation is

to be paid to the auctioneer from the trust estate, a court

order approving the payment is required.

(c)(d) Sale of Interest in Real Property; Notice

Upon the filing of a report of sale of real property or

chattels real pursuant to section (a) of this Rule, the clerk

shall issue a notice containing a brief description sufficient

to identify the property and stating that the sale will be

ratified unless cause to the contrary is shown within 30 days

after the date of the notice.

A copy of the notice shall be

published at least once a week in each of three successive weeks

before the expiration of the 30-day period in one or more

newspapers of general circulation in the county in which the

report of sale was filed.

(d)(e)

Exceptions to Sale

(1) How Taken

A party, and, in an action to foreclose a lien, the

holder of a subordinate interest in the property subject to the

lien, may file exceptions to the sale.

Exceptions shall be in

writing, shall set forth the alleged irregularity with

particularity, and shall be filed within 30 days after the date

of a notice issued pursuant to section (c) (d) of this Rule or

the filing of the report of sale if no notice is issued.

Any

matter not specifically set forth in the exceptions is waived

unless the court finds that justice requires otherwise.

(2) Ruling on Exceptions; Hearing

The court shall determine whether to hold a hearing on

the exceptions but it may not set aside a sale without a

hearing.

The court shall hold a hearing if a hearing is

requested and the exceptions or any response clearly show a need

to take evidence.

The clerk shall send a notice of the hearing

to all parties and, in an action to foreclose a lien, to all

persons to whom notice of the sale was given pursuant to Rule

14-206 (b).

(e)(f)

Ratification

The court shall ratify the sale if (1) the time for

filing exceptions pursuant to section (d)(e) of this Rule has

expired and exceptions to the report either were not filed or

were filed but overruled, and (2) the court is satisfied that

the sale was fairly and properly made.

If the court is not

satisfied that the sale was fairly and properly made, it may

enter any order that it deems appropriate.

(f)(g)

Referral to Auditor

Upon ratification of a sale, the court, pursuant to Rule

2-543, may refer the matter to an auditor to state an account.

(g)(h)

Resale

If the purchaser defaults, the court, on application and

after notice to the purchaser, may order a resale at the risk

and expense of the purchaser or may take any other appropriate

action.

Source:

This Rule is derived from former Rule BR6.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 300 – CIRCUIT COURTS – ADMINISTRATION AND CASE

MANAGEMENT

AMEND Rule 16-302 by adding new subsection (b)(5) requiring

a certain addition to be made to a case management plan

pertaining to virtual jury trials, by renumbering current

subsections (b)(5) and (b)(6) as subsections (b)(6) and (b)(7),

respectively, and by adding a Committee note and cross reference

following new subsection (b)(5), as follows:

RULE 16-302.

ASSIGNMENT OF ACTIONS FOR TRIAL; CASE MANAGEMENT

PLAN

(a)

Generally

The County Administrative Judge in each county shall

supervise the assignment of actions for trial in a manner that

maximizes the efficient use of available judicial personnel,

brings pending actions to trial, and disposes of them as

expeditiously as feasible.

(b)

Case Management Plan; Information Report

(1) Development and Implementation

(A) The County Administrative Judge shall develop and,

upon approval by the Chief Judge of the Court of Appeals,

implement a case management plan for the prompt and efficient

scheduling and disposition of actions in the circuit court.

The

plan shall include a system of differentiated case management in

which actions are classified according to complexity and

priority and are assigned to a scheduling category based on that

classification and, to the extent practicable, follow any

template established by the Chief Judge of the Court of Appeals.

(B) The County Administrative Judge shall send a copy of

the plan and all amendments to it to the State Court

Administrator.

The State Court Administrator shall review the

plan or amendments and transmit the plan or amendments, together

with any recommended changes, to the Chief Judge of the Court of

Appeals.

operation of the plan, develop any necessary amendments to it,

and, upon approval by the Chief Judge of the Court of Appeals,

implement the amended plan.

. . .

(5) Virtual Jury Trials

In any jurisdiction where the County Administrative

Judge deems it appropriate, the plan shall include procedures

for the operation of virtual jury trials.

The plan shall

consider each phase of a trial and the roles of the judge,

courtroom clerk, bailiff, jury office, clerk’s office, and

Information Technology department.

The plan for conducting a

virtual jury trial shall include:

(A) categories of civil actions eligible for virtual jury

trials;

Committee note: Examples of categories that courts may consider

eligible for virtual jury trials include motor torts, slip and

fall cases, and contract disputes.

(B) criteria to evaluate and determine which cases are

appropriate for virtual trials;

Committee note: Examples of criteria to determine a case’s

suitability for a virtual trial include the number of plaintiffs

and defendants, the number of parties that require translation

services, and the complexity of legal issues raised.

(D) methods to determine whether prospective jurors have

access to technology with which to participate and the ability

to participate in a private space;

(E) alternative means, if available, to offer prospective

jurors that lack the ability to participate virtually;

Committee note: Alternative means may include providing each

juror a technological device to use throughout the virtual

proceedings or providing a secluded location, such as a

conference room inside the courthouse or other remote location

pursuant to Rule 2-801 (d), within which jurors may participate.

(F) exhibits and evidence management;

(G) technical training for bailiffs or other designated

court personnel to assist prospective jurors with technical

issues during check-in, trial, and deliberations; and

(H) measures to provide public access to virtual trials

pursuant to Rule 2-804 (g).

Committee note: The intent of subsection (b)(5) is to allow for

the possibility of remote electronic participation where

appropriate, pursuant to the Seventh Administrative Order

Restricting Statewide Judiciary Operations Due to the COVID-19

Emergency issued by the Chief Judge of the Court of Appeals on

December 22, 2020, and any subsequent orders issued by the

Court.

Cross reference: See Title 2, Chapter 800 and Rule 16-309 for

provisions that may be included in the case management plan

concerning the operation of remote jury trials.

(5)(6) Consultation.

. . .

(6)(7) Information Report.

. . .

Source: This Rule is derived in part from former Rule 16-202

(2016) and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 300 – CIRCUIT COURTS – ADMINISTRATION AND CASE

MANAGEMENT

ADD new Rule 16-309, as follows:

RULE 16-309.

(a)

REMOTE ELECTRONIC PARTICIPATION IN JURY CASES

Applicability

This Rule applies to situations in which any significant

proceeding in a case that may be tried before a jury may or will

be conducted by remote electronic participation under Rule 2807.

(b)

Jury Plan

The Jury Plan adopted by the court pursuant to Code,

Courts Article, Title 8, Subtitle 2 shall:

(1) require that the

juror qualification form created pursuant to Code, Courts

Article, § 8-302 (a) inform a prospective juror that one or more

proceedings in a case in which an individual may be called to

sit as a juror may be conducted by remote electronic

participation; (2) explain in sufficient detail and with clarity

what that means and what that would require of a prospective

juror; (3) inquire whether the prospective juror has the kind of

equipment and the knowledge and ability to operate that

equipment necessary to be able to participate by means of remote

electronic participation; and (4) inform the prospective juror

that, if the answer to that question is “no” and if the

prospective juror is otherwise found qualified and summoned to

act as a juror, the individual may be able to participate from

the courthouse with lawful and appropriate assistance from court

personnel.

Committee note: Code, Courts Article, § 8-212 permits a jury

plan to state any question to be included in the juror

qualification form consistent with the interest of sound

administration of justice and not inconsistent with the Code.

It is critical, even when physical appearance at a proceeding is

not feasible, that virtual jury pools represent a fair crosssection of the qualified citizenry. Remote electronic

participation may be impossible or inordinately difficult for

some people. Jury plans must take account of that and, when

possible, make suitable provision for an alternative.

(c)

Trial

(1) Generally

The county administrative judge, with the assistance of

the court administrator, the clerk of the court, the

Administrative Office of the Courts, and such other persons or

entities that the county administrative judge finds necessary or

useful, shall make reasonable efforts to make courtrooms, jury

rooms, and other facilities safely available for jurors,

witnesses, and court personnel to use, to avoid the need for

individual remote electronic participation in the trial itself

or to reduce that need to the extent practicable.

(2) If Remote Electronic Participation at Trial is Required

If remote electronic participation at trial is required,

the county administrative judge shall:

(A) designate and authorize one or more judicial employees

to assist prospective jurors who require assistance in

participating in juror selection procedures by remote electronic

participation;

Committee note: A judicial employee designated pursuant to

subsection (c)(2)(A) of this Rule should be instructed that the

employee’s role is strictly limited to assisting the prospective

juror in responding to questions and that the employee is not to

discuss what the juror’s responses should be.

(B) assure that all members of the jury, including

alternates, witnesses, and court personnel are able to

participate by remote electronic participation; and

judge when necessary and appropriate.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 800 – MISCELLANEOUS COURT ADMINISTRATION MATTERS

AMEND Rule 16-803 by adding a reference to Emergency Orders

in section (b) and by adding a Committee note after section (b),

as follows:

RULE 16-803.

CONTINUITY OF OPERATIONS PLAN

. . .

(b)

Conformance to AOC Guidelines and Emergency Orders

The plan shall conform to guidelines established by the

Administrative Office of the Courts and is subject to emergency

orders issued by the Chief Judge of the Court of Appeals

pursuant to Rules 16-1001 through 16-1003.

The plan and any

amendments to it shall be submitted to the State Court

Administrator.

Committee note: Jury plans are governed in part by Code, Courts

Article, Title 8, Subtitle 2, but the Court of Appeals may adopt

Rules to govern the provisions and implementation of those

plans. See Code, Courts Article, § 8-202. Jury plans proposed

by the circuit courts are subject to approval by the Court of

Appeals. See Code, Courts Article, § 8-203.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 16 – COURT ADMINISTRATION

CHAPTER 900 – ACCESS TO JUDICIAL RECORDS

DIVISION 2.

LIMITATIONS ON ACCESS

AMEND Rule 16-919 by revising subsection (a)(2) to clarify

that the reference to judicial records pertains to records in

any form, by revising section (d) to refer to requests for

“judicial records” instead of “electronic information” filed

pursuant to section (a), by removing the catchall provision from

subsection (e)(1)(C)(iii), by adding new subsection (e)(1)(C)(v)

permitting a request to be denied if it is a request repeated by

the same or affiliated person, by adding a cross reference

following subsection (e)(1)(C)(v), by deleting the phrase

“proposed program” from subsection (e)(2)(C) and replacing it

with the word “request,” by deleting the phrase “through the

program” from subsection (e)(2)(D), by adding new subsection

(e)(2)(E) concerning burdensomeness and narrowing a request, by

adding new subsection (e)(3) requiring the custodian to attempt

to confer with the requester under certain circumstances, by

adding a provision requiring a denial based on an unduly

burdensome request to state the relevant facts supporting this

conclusion, and by making stylistic changes, as follows:

Rule 16-919.

CREATION OF NEW JUDICIAL RECORDS

(a)

Scope

This Rule applies to requests for (1) the creation of a

new judicial record from (1) electronic databases maintained by

a judicial agency or special judicial unit or (2) a reformatting

of existing judicial records in any form.

Cross reference: See Rule 16-918 for electronic access to

existing electronic records.

(b)

Definition

In this Rule, “reformatting” includes indexing,

compilation, programming, or reorganization of existing judicial

records, documents, or information.

(c)

Generally

(1) Except as required by other law, a custodian, judicial

agency, or special judicial unit is not required to create a new

judicial record or reformat existing judicial records not

necessary to be created or reformatted for judicial functions.

(2) The removal, deletion, or redaction from a judicial

record of information not subject to inspection under the Rules

in this Chapter in order to make the judicial record subject to

inspection does not create or reformat a new record within the

meaning of this Rule.

(3) If a custodian, judicial agency, or special judicial

unit (A) reformats existing judicial records or other documents

or information to create a new judicial record, or (B) comes

into possession of a new judicial record created by another from

the reformatting of other judicial records, documents or

information, and there is no basis under the Rules in this

Chapter to deny inspection of that new judicial record or some

part of that judicial record, the new judicial record or part

for which there is no basis to deny inspection shall be subject

to inspection.

(d)

Request

A person who desires to obtain electronic information

judicial records pursuant to section (a) of this Rule shall

submit to the custodian a written request that describes with

particularity the information that is sought. If there is no

known custodian, the request shall be made to the SCA, who shall

designate a custodian.

(e)

Review and Response

(1) Generally. The custodian shall review the request, may

consult with other employees, legal counsel, or technical

experts, and, within 30 business days after receipt of the

request, shall take one of the following actions:

(A) Approve the request to the extent that the information

requested is subject to inspection under the Rules in this

Chapter or Title 20 and that will not directly or indirectly

impose significant fiscal or operational burdens on any court,

judicial agency, or special judicial unit.

(B) Conditionally approve a request to the extent that the

information requested is subject to inspection under the Rules

in this Chapter or Title 20 but will directly or indirectly

impose significant and reasonably calculable fiscal or

operational burdens on a court, judicial agency, or special

judicial unit, on condition of the requester's prepayment in

full of all additional expenses reasonably expected to be

incurred as a result of the approval.

if or to the extent that:

(i) the request seeks inspection of information from

judicial records that is not subject to inspection under the

Rules in this Chapter or Title 20;

(ii) the requester fails or refuses to satisfy a

condition imposed under subsection (e)(1)(B) of this Rule;

(iii) granting the request would impose significant and

reasonably calculable operational burdens on a court, judicial

agency, or special judicial unit that cannot be overcome merely

by prepayment of additional expenses under subsection (e)(1)(B)

of this Rule; or any other practicable condition; or

(iv) the request directly or indirectly imposes a

significant but not reasonably calculable fiscal or operational

burden on any court, judicial agency, or special judicial unit;

(v) the request is a repeated one by the same or

affiliated person for the same records that were previously

provided or that were the subject of a prior request that was

properly denied and there has been no material change in the

basis for the denial.

Cross reference:

(2017).

See Glass v. Anne Arundel Cty., 453 Md. 201

(2) Considerations. In determining whether to grant or deny

the request, the custodian shall consider the following, to the

extent relevant:

(A) whether the data processing system, operational

system, electronic filing system, or manual or electronic

storage and retrieval system used by or planned for the court,

judicial agency, or special judicial unit that maintains the

judicial records can currently provide the inspection requested

in the manner requested and in conformance with the Rules in

this Chapter, and, if not, any changes or effort required to

enable those systems to provide that inspection;

(B) whether any changes to the data processing,

operational, electronic filing, or storage or retrieval systems

used by or planned for other courts, other judicial agencies, or

other special judicial units in the State would be required in

order to avoid undue disparity in the ability of those courts,

agencies, or units to provide equivalent inspection of judicial

records maintained by them;

the request proposed program on the court, other judicial

agency, or special judicial unit or on the State judicial system

as a whole;

(D) whether there is a substantial possibility that

information retrieved through the program may be used for any

fraudulent or other unlawful purpose or may result in the

dissemination of inaccurate or misleading information concerning

judicial records or individuals who are the subject of judicial

records and, if so, whether there are any safeguards to prevent

misuse of disseminated information and the dissemination of

inaccurate or misleading information; and

(E) whether (i) the request would be unduly burdensome for

the custodian or judicial agency, (ii) there is any practicable

way to narrow the request to make it manageable, and (iii) the

burden on the custodian or judicial agency would outweigh the

public interest in the information; and

(E)(F) any other consideration that the custodian finds

relevant.

(3) Before invoking subsection (e)(1)(C)(iii) or (iv) of

this Rule, the custodian shall extend to the person making the

request an opportunity to confer with the custodian in an

attempt to reduce the request to manageable proportions.

(3)(4) Notice of Denial. If the custodian denies the

request, the custodian shall give written notice to the

requester and summarize the reasons for the denial. If the

denial is on the basis that compliance with the request would be

unduly burdensome, the notice shall state the relevant facts

supporting that conclusion.

Source:

(2019).

This Rule is derived from former Rule 16-909 (f)

MARYLAND RULES OF PROCEDURE

TITLE 18 – JUDGES AND JUDICIAL APPOINTEES

CHAPTER 400 – JUDICIAL DISABILITIES AND DISCIPLINE

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 18-405 by replacing the existing title

“Executive Secretary” with the new title “Executive Counsel”

throughout the Rule, as follows:

RULE 18-405.

(a)

EX PARTE COMMUNICATION

The Commission and Executive Secretary Counsel

Except as otherwise permitted by the Rules in this

Chapter, directly or by necessary implication, members of the

Commission and the Executive Secretary Counsel to the Commission

shall not engage in ex parte communications with Investigative

Counsel, members of the Board, a judge against whom a complaint

has been filed, or an attorney for that judge that pertain to

the substance of a complaint against that judge.

(b)

The Board

Except as otherwise permitted by the Rules in this

Chapter, directly or by necessary implication, members of the

Board shall not engage in ex parte communications with members

of the Commission, the Executive Secretary Counsel to the

Commission, Investigative Counsel, a judge against whom a

complaint has been filed, or an attorney for that judge that

pertain to the substance of a complaint against that judge.

Committee note: The Rules in this Chapter give the Executive

Secretary Counsel to the Commission and the Chairs of the

Commission and the Board certain functions that anticipate some

ex parte communications with each other or with Investigative

Counsel, the judge, or the judge's attorney that are necessary

for them to perform their duties. See, for example, Rules 18409.1 and 18-434, regarding applications for a subpoena; Rule

18-422 (a)(3), regarding a request for immunity; Rule 18-422

(a)(6), regarding an extension of time to complete an

investigation; Rule 18-423 (b), permitting the Board to meet

informally with the judge; and Rule 18-423 (d)(1)(B), allowing

consultation between the Chair of the Commission and the Chair

of the Board regarding the evidence to be produced before the

Commission. The intent of this Rule is not to preclude those

kinds of ex parte communications or any other ex parte

communications permitted or anticipated by these Rules but only

those that reasonably could leave the impression, intended or

unintended, of an improper attempt to influence the nature,

scope, or conduct of an investigation by Investigative Counsel,

a recommendation by Investigative Counsel, or a proceeding or

decision by the Commission or the Board. Commission and Board

members should be guided by relevant provisions of Rule 18202.9. This Rule also is not intended to preclude general

supervision of Investigative Counsel, who is appointed by and

serves at the pleasure of the Commission.

Source: This Rule is new and is based in part on ABA Model Rules

for Judicial Disciplinary Enforcement, Rule 10.

MARYLAND RULES OF PROCEDURE

TITLE 18 – JUDGES AND JUDICIAL APPOINTEES

CHAPTER 400 – JUDICIAL DISABILITIES AND DISCIPLINE

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 18-409.1 by replacing the existing title

“Executive Secretary” with the new title “Executive Counsel”

throughout the Rule, as follows:

RULE 18-409.1.

SUBPOENAS

. . .

(b)

Subpoenas Issued Pursuant to Rule 18-433 or 18-434

The Chair of the Commission, on behalf of the Commission,

may authorize the Executive Secretary Counsel to issue a

subpoena to compel the attendance of witnesses and the

production of documents or other tangible things at a time and

place specified in the subpoena.

To the extent otherwise

relevant, the provisions of Rule 2-510 (c), (d), (e), (f), (g),

(h), (i), (j), and (k) shall apply to subpoenas issued pursuant

to this section.

References to a court in those Rules shall

mean the Chair of the Commission, on behalf of the Commission.

Promptly after service of a subpoena on a person other than the

subject judge, the party who requested the issuance of the

subpoena shall serve a copy of it upon the other party

electronically at an address furnished by the other party.

Committee note: The intent of section (b) is that the Executive

Secretary Counsel issues an authorized subpoena and provides it

to the party who requested it for service.

Source: This Rule is new and is derived, in part, from Rule 19712 (2018).

MARYLAND RULES OF PROCEDURE

TITLE 18 – JUDGES AND JUDICIAL APPOINTEES

CHAPTER 400 – JUDICIAL DISABILITIES AND DISCIPLINE

DIVISION 2.

STRUCTURE

AMEND Rule 18-411 by replacing the existing title

“Executive Secretary” with the new title “Executive Counsel”

throughout the Rule, as follows:

RULE 18-411.

COMMISSION ON JUDICIAL DISABILITIES

. . .

(d)

Executive Secretary Counsel

(1) Appointment; Compensation

The Commission may select an attorney as Executive

Secretary Counsel.

The Executive Secretary Counsel shall serve

at the pleasure of the Commission and receive the compensation

set forth in the budget of the Commission.

(2) Duties

The Executive Secretary Counsel shall: (A) receive

documents that are filed with the Commission and maintain the

records of the Commission; (B) prepare the agenda of meetings of

the Commission and before each meeting send to each Commission

member a copy of the agenda and meeting materials; (C) attend

meetings of the Commission and the Inquiry Board, keep minutes

of those meetings, and retain the minutes, subject to the

retention schedule approved by the Chief Judge of the Court of

Appeals; (D) serve as attorney to the Commission; (E) serve as

liaison to the Board and to Investigative Counsel; and (F) have

such other administrative powers and duties assigned by the

Commission, other than duties committed to Investigative Counsel

by these Rules.

Committee note: Keeping minutes of Board meetings is purely a

secretarial service. Under Rule 18-407, proceedings before the

Board are confidential, and those minutes therefore are not to

be shared with members of the Commission.

(3) Assistants and Other Staff

As the need arises and to the extent funds are available

in the Commission's budget, the Commission may employ additional

persons to assist the Executive Secretary Counsel. The Executive

Secretary Counsel shall keep an accurate record of the time and

expenses of additional persons employed and ensure that the cost

does not exceed the amount allocated by the Commission.

(e)

Investigative Counsel; Assistants

(1) Appointment; Compensation

Subject to approval by the Court of Appeals, the

Commission shall appoint an attorney with substantial trial

experience and familiarity with these Rules and the Code of

Judicial Conduct as Investigative Counsel. Before appointing

Investigative Counsel, the Commission shall notify bar

associations and the general public of the vacancy and shall

consider any recommendations that are timely submitted.

Investigative Counsel shall serve at the pleasure of the

Commission and shall receive the compensation set forth in the

budget of the Commission.

(2) Powers and Duties

Investigative Counsel shall have the powers and duties

set forth in the Rules in this Chapter and shall report and make

recommendations to the Board and the Commission as required

under these Rules or directed by the Commission. All reports and

recommendations shall be in writing and maintained as a record

of Investigative Counsel and the recipient.

(3) Additional Attorneys and Staff

As the need arises and to the extent funds are available

in the Commission's budget, the Commission may appoint

additional attorneys or other persons, other than its Executive

Secretary Counsel and any persons employed pursuant to

subsection (d)(3) of this Rule to assist Investigative Counsel.

Investigative Counsel shall keep an accurate record of the time

and expenses of additional persons employed and ensure that the

cost does not exceed the amount allocated by the Commission.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 18 – JUDGES AND JUDICIAL APPOINTEES

CHAPTER 400 – JUDICIAL DISABILITIES AND DISCIPLINE

DIVISION 4.

DISPOSITION OTHER THAN FILING OF CHARGES

AMEND Rule 18-428 by revising the citation to Rule 19-740

in the cross reference after subsection (c)(2), as follows:

Rule 18-428.

RETIREMENT AS A DISPOSITION

. . .

(c)

Effect

(1) Retirement under this Rule is permanent. A judge who is

retired under this Rule may not be recalled to sit on any court,

but the judge shall lose no other retirement benefit to which he

or she is entitled by law.

(2) Retirement under this Rule does not constitute

discipline.

Cross reference: See Rule 18-441 dealing with special procedures

in disability cases. See also Md. Const., Art. IV, § 4B(a)(2),

authorizing the Commission to recommend to the Court of Appeals

retirement of a judge “in an appropriate case” and Rule 19-740

19-717.1 authorizing a comparable disposition for attorneys who

have a disability.

Source: This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 18 – JUDGES AND JUDICIAL APPOINTEES

CHAPTER 400 – JUDICIAL DISABILITIES AND DISCIPLINE

DIVISION 5.

FILING OF CHARGES; PROCEEDINGS BEFORE COMMISSION

AMEND Rule 18-433 by replacing the existing title

“Executive Secretary” with the new title “Executive Counsel,” as

follows:

RULE 18-433.

DISCOVERY

. . .

(b)

Open File

Upon request by the judge or the judge's attorney, at any

time after service of charges upon the judge (1) the Executive

Secretary Counsel of the Commission shall allow the judge or

attorney to inspect and copy the entire Commission record, (2)

Investigative Counsel shall (A) allow the judge or attorney to

inspect and copy all evidence accumulated during the

investigation and all material, information, and statements as

defined in Rule 2-402 (f), (B) provide summaries or reports of

all oral statements for which contemporaneously recorded

substantially verbatim recitals do not exist, and (C) certify to

the judge in writing that, except for material that constitutes

attorney work product or that is subject to a lawful privilege

or protective order issued by the Commission, the material

disclosed constitutes the complete record of Investigative

Counsel as of the date of inspection.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 18 – JUDGES AND JUDICIAL APPOINTEES

CHAPTER 400 – JUDICIAL DISABILITIES AND DISCIPLINE

DIVISION 5.

FILING OF CHARGES; PROCEEDINGS BEFORE COMMISSION

AMEND Rule 18-437 by replacing the existing title

“Executive Secretary” with the new title “Executive Counsel,” as

follows:

RULE 18-437.

PROCEEDINGS IN COURT OF APPEALS

. . .

(c)

Response

The Commission shall file a response within 30 days after

service of the exceptions in accordance with Rule 20-405.

The

Commission shall be represented in the Court of Appeals by its

Executive Secretary Counsel or such other attorney as the

Commission may appoint.

A copy of the response shall be served

on the judge in accordance with Rules 1-321 and 1-323.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 18 – JUDGES AND JUDICIAL APPOINTEES

CHAPTER 400 – JUDICIAL DISABILITIES AND DISCIPLINE

DIVISION 5.

FILING OF CHARGES; PROCEEDINGS BEFORE COMMISSION

AMEND Rule 18-438 by replacing the existing title

“Executive Secretary” with the new title “Executive Counsel,” as

follows:

RULE 18-438.

SUSPENSION OF EXECUTION OF DISCIPLINE

. . .

(c)

Response; Hearing

Within fifteen days after the filing of the Commission's

report, the judge may file a response with the Court.

The judge

shall serve a copy of any response on the Commission.

The Court

shall hold a hearing on the Commission's report and any timely

response filed by the judge and may take whatever action it

finds appropriate.

The Commission may be represented in the

proceeding by its Executive Secretary Counsel or any other

attorney the Commission may appoint.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 100 – STATE BOARD OF LAW EXAMINERS AND

CHARACTER COMMITTEES

AMEND Rule 19-102 by replacing the existing title

“secretary” with the new title “secretary and director”

throughout the Rule and by making stylistic changes, as follows:

RULE 19-102.

STATE BOARD OF LAW EXAMINERS

. . .

(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 and in good

standing to practice law in Maryland and shall serve at the

pleasure of the Board.

Committee note: Professional assistants primarily assist

grading the bar examination. Section (e) does not apply to the

secretary and director or to 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 and Director to the Board

The Court may appoint a an individual to serve as the

secretary and director to the Board, to.

The individual shall

hold office at the pleasure of the Court.

The secretary and

director shall be a member of a Bar of a state.

The secretary

and director 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.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 300 – MARYLAND ATTORNEYS’ RULES OF PROFESSIONAL CONDUCT

AMEND Rule 19-305.4 by revising the citation in the cross

reference after section (d), as follows:

Rule 19-305.4.

PROFESSIONAL INDEPENDENCE OF AN ATTORNEY (5.4)

. . .

(d)

An attorney shall not practice with or in the form of a

professional corporation or association authorized to practice

law for a profit, if:

(1) a non-attorney owns any interest therein, except that a

fiduciary representative of the estate of an attorney may hold

the stock or interest of the attorney for a reasonable time

during administration;

(2) a non-attorney is a corporate director or officer

thereof or occupies the position of similar responsibility in

any form of association other than a corporation; or

(3) a non-attorney has the right to direct or control the

professional judgment of an attorney.

Cross reference: Md. Rule 19-742 19-741.

. . .

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 300 – MARYLAND ATTORNEYS’ RULES OF PROFESSIONAL CONDUCT

AMEND Rule 19-308.1 by revising the citation in the cross

reference, as follows:

Rule 19-308.1.

BAR ADMISSION AND DISCIPLINARY MATTERS (8.1)

. . .

COMMENT

[1] The duty imposed by this Rule extends to persons seeking

admission or reinstatement to the bar as well as to attorneys.

Hence, if a person makes a material false statement in

connection with an application for admission or for

reinstatement, the statement may be the basis for subsequent

disciplinary action if the person is admitted or reinstated, and

in any event may be relevant in a subsequent admission

application. The duty imposed by this Rule applies to an

attorney’s own admission or discipline as well as that of

others. Thus, it is a separate professional offense for an

attorney to knowingly make a misrepresentation or omission in

connection with a disciplinary investigation of the attorney’s

own conduct. This Rule also requires affirmative clarification

of any misunderstanding on the part of the admissions or

disciplinary authority of which the person involved becomes

aware.

[2] The Court of Appeals has considered this Rule applicable

when information is sought by the Attorney Grievance Commission

from any attorney on any matter, whether or not the attorney is

personally involved. See Attorney Grievance Commission v.

Oswinkle, 364 Md. 182 (2001).

[3] This Rule is subject to the provisions of the Fifth

Amendment of the United States Constitution and corresponding

provisions of state constitutions. A person relying on such a

provision in response to a question, however, should do so

openly and not use the right of nondisclosure as a justification

for failure to comply with this Rule.

[4] An attorney representing an applicant for admission to the

bar, or representing an attorney who is the subject of a

disciplinary inquiry or proceeding, is governed by the rules

applicable to the client-attorney relationship.

Cross reference: Md. Rule 19-701 (k) 19-701 (s) (defining

“Reinstatement”).

. . .

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 300 – MARYLAND ATTORNEYS’ RULES OF PROFESSIONAL CONDUCT

AMEND Rule 19-308.5 by revising the citation in the cross

reference, as follows:

Rule 19-308.5.

(a)

DISCIPLINARY AUTHORITY; CHOICE OF LAW (8.5)

Disciplinary Authority.

(1) An attorney admitted by the Court of Appeals to

practice in this State is subject to the disciplinary authority

of this State, regardless of where the attorney’s conduct

occurs.

(2) An attorney not admitted to practice in this State is

also subject to the disciplinary authority of this State if the

attorney:

(A) provides or offers to provide any legal services in

this State,

(B) holds himself or herself out as practicing law in

this State, or

attorney practicing law in this State whose conduct constitutes

a violation of these Rules.

Cross reference: Md. Rule 19-701 (a) 19-701 (b).

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 600 – CLIENT PROTECTION FUND

AMEND Rule 19-605 by revising the citation in section (b),

as follows:

Rule 19-605.

OBLIGATION OF ATTORNEYS

. . .

(b)

Attorneys on Inactive/Retired Status.

(1) The trustees of the Fund may approve attorneys, other

than attorneys on permanent retired status pursuant to Rule 19740 19-717.1, for inactive/retired status, and, by regulation,

may provide a uniform deadline date for seeking approval of

inactive/retired status.

. . .

Source: This Rule is derived in part from former Rule 16-811.5

(2016), and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 600 – CLIENT PROTECTION FUND

AMEND Rule 19-606 by revising the citations in section (b),

as follows:

Rule 19-606.

. . .

(b)

ENFORCEMENT OF OBLIGATIONS

Temporary Suspension.

. . .

(3) Effect of Order. An attorney who has been served with a

copy of the Temporary Suspension Order and has not been restored

to good standing may not practice law in Maryland and shall

comply with the requirements of Rule 19-742 19-741 (c) and (d).

In addition to any other remedy or sanction allowed by law, an

action for contempt may be brought against an attorney who

practices law in violation of a Temporary Suspension Order.

An attorney who has been served with a copy of the Temporary

Suspension Order and has not been restored to good standing may

not practice law in Maryland and shall comply with the

requirements of Rule 19-742 19-741 (c) and (d). In addition to

any other remedy or sanction allowed by law, an action for

contempt may be brought against an attorney who practices law in

violation of a Temporary Suspension Order.

. . .

Source: This Rule is derived from former Rule 16-811.6 (2016).

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

TABLE OF CONTENTS

DIVISION 1.

Rule 19-701.

GENERAL PROVISIONS

DEFINITIONS

(a) Address of Record

(b) Attorney

(d) Client Protection Fund

(e) Commission

(f) Conditional Diversion Agreement

(g) Complainant

(h) Disability

(i) Disability Inactive Status

(j) Disbarment

(k) E-mail Address of Record

(l) Impairment; Impaired

(m) Incapacity

(n) Letter of Admonition

(o) Letter of Cautionary Advice

(p) Office for the Practice of Law

(q) Petition for Disciplinary or Remedial Action

(r) Professional Misconduct

(s) Reinstatement

(t) Serious Crime

(u) State

(v) Statement of Charges

(w) Suspension

Rule 19-702.

ATTORNEY GRIEVANCE COMMISSION

(a) Creation and Composition

(b) Term

(d) Chair and Vice Chair

(e) Executive Counsel and Director

(f) Removal of Commission Members

(g) Quorum

(h) Powers and Duties

(i) Effect of Chair’s Decisions

Rule 19-703.

BAR COUNSEL

(a) Appointment

(b) Powers and Duties

Rule 19-704.

PEER REVIEW COMMITTEE

(a) Creation

(b) Composition

Member

(d) Individuals Ineligible for Appointment as a NonAttorney Member

(e) Procedure for Appointment

(f) Term

(g) Chair and Vice Chair

(h) Compensation

(i) Removal

Rule 19-705.

DISCIPLINARY FUND

(a) Establishment; Nature

(b) Payment by Attorneys

(d) Audit

(e) Enforcement

Rule 19-706.

SANCTIONS AND REMEDIES

(a) For Professional Misconduct

(b) For Incapacity

Rule 19-707.

CONFIDENTIALITY

(a) Peer Review Proceedings

(b) Other Confidential Material

(d) Required Disclosures by Bar Counsel

(e) Required Disclosures by Clerk of the Court of Appeals

(f) Permitted Disclosures

Rule 19-708.

SERVICE OF PAPERS ON ATTORNEY

(a) Original Process

(b) Service of Other Papers

Rule 19-709.

COSTS

(a) Generally

(b) Costs Defined

(d) Judgment

(e) Enforcement

DIVISION 2.

Rule 19-711.

ADMINISTRATIVE PROCEEDINGS

COMPLAINT; INVESTIGATION BY BAR COUNSEL

(a) Who May Initiate

(b) Review of Complaint

(d) Time for Completing Investigation

Rule 19-712.

INVESTIGATIVE SUBPOENA

(a) Approval and Issuance

(b) Contents

(d) Recording of Statements

(e) Objection

(f) Enforcement

(g) Confidentiality

(h) Petition for Disciplinary or Remedial Action

Rule 19-713.

PERPETUATION OF EVIDENCE BEFORE PETITION FOR

DISCIPLINARY OR REMEDIAL ACTION

Rule 19-714.

ACTION BY BAR COUNSEL UPON COMPLETION OF

INVESTIGATION

Rule 19-715.

DISMISSAL OF COMPLAINT; DISMISSAL OF DISCIPLINARY

OR REMEDIAL PROCEEDING

(a) Recommendation by Bar Counsel or Peer Review Panel

(b) Action by Commission

Cautionary Advice or Letter of Admonition

(d) Disclosure of Dismissal; Letter of Cautionary Advice;

Letter of Admonition

Rule 19-716.

CONDITIONAL DIVERSION AGREEMENT

(a) When Appropriate

(b) Voluntary Nature of Agreement; Effect of Rejection or

Disapproval

(d) Submission to Commission

(e) Action by Commission

(f) Effect of Agreement

(g) Amendment of Agreement

(h) Revocation of Agreement

(i) Satisfaction of Agreement

(j) Confidentiality

Rule 19-717.

REPRIMAND BY COMMISSION

(a) Scope

(b) Offer

(d) Submission to Commission

(e) Action by Commission

(f) Effect of Rejection or Disapproval

(g) Effect of Reprimand

Rule 19-717.1.

PERMANENT RETIRED STATUS

(a) Purpose

(b) Criteria

(d) Effect of Disapproval

(e) Effect of Permanent Retired Status

(f) Extension

Rule 19-718.

STATEMENT OF CHARGES

(a) Filing

(b) Content

Rule 19-719.

PEER REVIEW PANEL

(a) Appointment

(b) Composition of Panel

(d) Removal and Recusal of Members

(e) Quorum

Rule 19-720.

PEER REVIEW PROCESS

(a) Purpose

(b) Scheduling of Meeting; Notice to Attorney

(d) Ex Parte Communications

(e) Recommendation of Panel

(f) Action by Commission

DIVISION 3.

Rule 19-721.

PROCEEDINGS ON PETITION FOR DISCIPLINARY

OR REMEDIAL ACTION

PETITION FOR DISCIPLINARY OR REMEDIAL ACTION

(a) Commencement of Action

(b) Form of Petition

Rule 19-722.

ORDER DESIGNATING JUDGE AND CLERK

(a) Order

(b) Transmittal of Record; Summons

Rule 19-723.

SERVICE OF PETITION AND ORDER

Rule 19-724.

ANSWER

(a) Timing

(b) Content and Scope

Rule 19-725.

PLEADINGS; AMENDMENTS; MOTIONS

(a) Pleadings

(b) Amendments

Rule 19-726.

DISCOVERY

(a) Discovery from Bar Counsel

(b) Exculpatory Information

(d) Other Discovery from the Attorney

(e) Depositions

(f) Continuing Duty to Disclose

(g) Motions

Rule 19-727.

JUDICIAL HEARING

(a) Evidence and Procedure Generally

(b) Certain Evidence Allowed

(d) Time for Completion

(e) Findings and Conclusions

(f) Transcript

(g) Transmittal of Record

Rule 19-728.

POST-HEARING PROCEEDINGS

(a) Notice of the Filing of the Record

(b) Exceptions; Recommendations; Statement of Costs

(d) Form

(e) Proceedings in Court of Appeals

DIVISION 4.

Rule 19-731.

SPECIAL PROCEEDINGS

AUDIT OF ATTORNEY ACCOUNTS AND RECORDS

(a) Action for Audit

(b) Petition

(d) Show Cause Order; Service

(e) Response to Petition

(f) Order Directing Audit

(g) Finality of Order

(h) Confidentiality

(i) Cost of Audit

(j) Remedy Not Exclusive

(k) Sanctions for Violations

(l) Other Disciplinary Proceedings

Rule 19-732.

INJUNCTION; EXPEDITED ACTION

(a) Authority to Seek Injunction

(b) Parties

(d) Inability to Defend

(e) Effect of Investigation or Disciplinary or Remedial

Proceeding

(f) Order Granting Injunction

(g) Service on Financial Institution

(h) Expedited Disciplinary or Remedial Action

Rule 19-733.

REFERRAL FROM CHILD SUPPORT ADMINISTRATION

(a) Referral

(b) Show Cause Order

(d) Presumptive Effect of Referral

(e) Termination of Suspension

(f) Other Disciplinary Proceedings

Rule 19-734.

CONSERVATOR OF CLIENT MATTERS

(a) Appointment; When Authorized

(b) Petition; Service; Order

(d) Disposition of Files

(e) Sale of Law Practice

(f) Compensation

(g) Confidentiality

Rule 19-735.

RESIGNATION OF ATTORNEY

(a) Application

(b) When Attorney May Not Resign

(d) Order of the Court of Appeals

(e) Duty of Clerk

(f) Effect of Resignation

(g) Motion to Vacate

Rule 19-736.

CONSENT TO DISCIPLINE OR TRANSFER TO DISABILITY

INACTIVE STATUS

(a) General Requirement

(b) Consent to Discipline for Misconduct

(d) Duty of Clerk

(e) Effect of Denial

Rule 19-737.

RECIPROCAL DISCIPLINE OR INACTIVE STATUS

(a) Duty of Attorney

(b) Petition in Court of Appeals

(d) Temporary Suspension of Attorney

(e) Exceptional Circumstances

(f) Action by Court of Appeals

(g) Conclusive Effect of Adjudication

(h) Effect of Stay in Other Jurisdiction

(i) Duties of Clerk of Court of Appeals

Rule 19-738.

DISCIPLINE ON CONVICTION OF CRIME

(a) Definition

(b) Duty of Attorney

(d) Show Cause Order

(e) Temporary Suspension of Attorney

(f) Termination of Temporary Suspension

(g) Action by the Court of Appeals

(h) Time for Holding a Hearing

(i) Conclusive Effect of Final Conviction

(j) Statement of Charges

(k) Duties of Clerk of Court of Appeals

Rule 19-739.

TRANSFER TO DISABILITY INACTIVE STATUS

(a) Purpose

(b) Grounds for Transfer

(d) Order of the Court of Appeals

(e) Effect of Denial

(f) Effect on Disciplinary or Remedial Proceeding

(g) Termination of Disability Inactive Status

(h) Inability to Defend

(i) Costs

(j) Duties of Clerk of Court of Appeals

DIVISION 5.

Rule 19-740.

DISPOSITION BY COURT OF APPEALS

DISPOSITION – GENERALLY

(a) Oral Argument

(b) Review by Court of Appeals

(d) Decision

(e) Effective Date of Order

Rule 19-741.

ORDER OF DISBARMENT OR SUSPENSION; ORDER ACCEPTING

RESIGNATION

(a) Duties of Clerk

(b) Effect of Order

(d) Duties of Bar Counsel

(e) Conditions on Reinstatement

(f) Responsibility of Affiliated Attorneys

(g) Non-Admitted Attorney

(h) Modification of Order

(i) Sanctions for Violations

Rule 19-742.

ORDER OF REPRIMAND

(a) Accompanying Requirements

(b) Content of Order

Rule 19-743.

ORDER OF TRANSFER TO DISABILITY INACTIVE STATUS

(a) Effect of Order

(b) Duties of Clerk

(d) Conditions on Reinstatement

(e) Other Provisions of Rule 19-741

DIVISION 6.

Rule 19-751.

REINSTATEMENT

REINSTATEMENT – SUSPENSION SIX MONTHS OR LESS

(a) Scope of Rule

(b) Reinstatement Not Automatic

(d) Review by Bar Counsel

(e) Action by Court of Appeals

(f) Effective Date of Reinstatement Order

(g) Duties of Clerk

(h) Motion to Vacate Reinstatement

Rule 19-752.

REINSTATEMENT – OTHER SUSPENSION; DISBARMENT;

DISABILITY INACTIVE STATUS; RESIGNATION

(a) Scope of Rule

(b) Reinstatement Not Automatic

(d) Information for Bar Counsel

(e) Response to Petition

(f) Disposition

(g) Further Proceedings

(h) Criteria for Reinstatement

(i) Subsequent Petitions

(j) Conditions to Reinstatement

(k) Effective Date of Reinstatement Order

(l) Duties of Clerk

(m) Motion to Vacate Reinstatement

DIVISION 7.

Rule 19-761.

DUTIES OF CLERK OF COURT OF APPEALS UPON

ATTORNEY’S SUSPENSION, TERMINATION, OR

REINSTATEMENT

(a) Register of Attorneys

(b) Notice

(d) Form of Notice

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 19-701 by adding new definitions as sections

(a), (g), (h), (i), (k), (l), (m), (n), and (o); by deleting the

definitions in existing sections (e) and (p); by re-lettering

existing sections (a), (b), (c), (d), (e), (f), (g), (h), (i),

(j), (k), (l), (m), (n), and (o) respectively as proposed

sections (b), (c), (d), (e), (f), (j), (m), (p), (q), (r), (s),

(t), (u), (v), and (w); and by modifying the definitions in

proposed sections (d), (j), (m), (p) and (t), as follows:

Rule 19-701.

DEFINITIONS

In this Chapter, the following definitions apply except as

otherwise expressly provided or as necessary implication

requires:

(a)

Address of Record

“Address of record” means the address maintained by the

attorney with the Attorney Information System in accordance with

Rule 19-802.

(a)(b)

Attorney

“Attorney” means an individual admitted by the Court of

Appeals to practice law in this State.

For purposes of

discipline or inactive status, the term also includes (1) an

individual not admitted by the Court of Appeals but who engages

in the practice of law in this State, holds himself or herself

out as practicing law in this State, or who has the obligation

of supervision or control over another attorney who engages in

the practice of law in this State, and (2) an individual who is

seeking reinstatement pursuant to Rules 19-751 or 19-752

following the imposition of discipline or inactive status.

Cross reference: See Rule 19-308.5 (8.5) of the Maryland

Attorneys' Rules of Professional Conduct.

(b)(c)

Circuit

“Circuit” means Appellate Judicial Circuit.

(c)(d)

Client Protection Fund

“Client Protection Fund” means the Client Protection Fund

of the Bar of Maryland created by Code, Business and Occupations

and Professions Article, § 10-311 and administered pursuant to

Rule 19-604.

(d)(e)

Commission

“Commission” means the Attorney Grievance Commission of

Maryland.

(e)(f)

Conditional Diversion Agreement

“Conditional diversion agreement” means the agreement

provided for in Rule 19-716.

(g)

Complainant

“Complainant” means a person who has filed a written

allegation of misconduct or incapacity.

(h)

Disability

“Disability” means a mental or physical condition that

seriously interferes with the performance of an attorney’s

duties, and is, or is likely to become, permanent.

(i)

Disability Inactive Status

“Disability inactive status” means a status determined

pursuant to Rule 19-739.

(f)(j)

Disbarment

“Disbarment” means the unconditional termination of any

privilege to practice law in this State pursuant to Rule 19-742

19-741 and, when applied to an attorney not admitted by the

Court of Appeals to practice law, means the unconditional

exclusion from the admission to or the exercise of any privilege

to practice law in this State.

(k)

E-mail Address of Record

“E-mail address of record” means the e-mail address(es)

maintained by the attorney with the Attorney Information System

in accordance with Rule 19-802.

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(l)

Impairment; Impaired

“Impairment” or “impaired” means a mental or physical

disability, including an addiction, that seriously interferes

with the performance of an attorney’s duties but may be

remediable and, if remedied, is not likely to become permanent.

(g)(m)

Incapacity

“Incapacity” means the inability to render adequate legal

service by reason of mental or physical illness or infirmity, or

addiction to or dependence upon alcohol or one or more drugs or

other intoxicants a disability or impairment.

(n)

Letter of Admonition

“Letter of admonition” means a notice or admonishment to

an attorney to avoid future misconduct.

(o)

Letter of Cautionary Advice

“Letter of cautionary advice” means advice or a

recommendation that an attorney be more careful or

conscientious.

(h)(p)

Office for the Practice of Law

“Office for the practice of law” means an office a

location in which an attorney usually devotes a substantial part

of the attorney's time to the practice of law during ordinary

business hours in the traditional work week.

(i)(q)

Petition for Disciplinary or Remedial Action

101

“Petition for disciplinary or remedial action” means the

petition filed by Bar Counsel pursuant to Rule 19-721.

(j)(r)

Professional Misconduct

“Professional misconduct” or “misconduct” has the meaning

set forth in Rule 19-308.4 (8.4) of the Maryland Attorneys’

Rules of Professional Conduct in Chapter 300 of this Title.

The

term includes the knowing failure to respond to a request for

information authorized by this Chapter without asserting, in

writing, a privilege or other basis for such failure.

(k)(s)

Reinstatement

“Reinstatement” means the termination of disbarment,

resignation, suspension, inactive status, or any exclusion to

practice law in this State pursuant to an Order entered under

Rule 19-751 or 19-752.

(l)(t)

Serious Crime

“Serious crime” means (1) a felony under Maryland law;,

(2) a crime committed in another state or under federal law that

would have been a felony under Maryland law had the crime been

committed in Maryland or in violation of Maryland law, and (3) a

crime under federal law or the law of any state that is

punishable by imprisonment for three years or more, or (4) any

crime, a necessary element of which, as determined by the

statutory or common law definition of the crime, involves

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interference with the administration of justice, false swearing,

misrepresentation, fraud, deceit, bribery, extortion,

misappropriation, theft, or an attempt, conspiracy, or

solicitation of another to commit a serious crime.

(m)(u)

State

“State” means (1) a state, possession, territory, or

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

Columbia.

(n)(v)

Statement of Charges

“Statement of charges” means the document filed by Bar

Counsel pursuant to Rule 19-718.

(o)(w)

Suspension

“Suspension” means the temporary termination of the

privilege to practice law, either for a fixed period or

indefinitely and, when applied to an attorney not admitted by

the Court of Appeals to practice law, means the temporary or

indefinite exclusion from the admission to or the exercise of

any privilege to practice law in this State.

(p)

Warning

“Warning” means a notice that warns an attorney about

future misconduct.

103

Source: This Rule is derived in part from former Rule 16-701

(2016) and is in part new.

104

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 19-702 by replacing the existing title

“Executive Secretary” with the new title “Executive Counsel and

Director” throughout the Rule; by adding language to subsection

(h)(6) clarifying the authority of the Attorney Grievance

Commission to appoint special counsel and making stylistic

changes; by deleting language in subsection (h)(7) requiring

that a Peer Review Committee member must be removed for cause

and replacing it with new language that permits a Peer Review

Committee member to be removed for any reason; by deleting

language from subsection (h)(9) pertaining to “a warning” and

replacing it with new language “a letter of cautionary advice or

a letter of admonition”; by adding language to subsection

(h)(11) permitting the Attorney Grievance Commission to delegate

authority to the chair to grant or deny requests from Bar

Counsel for subpoenas; and by deleting the date “September 1”

from subsection (h)(14) and replacing it with “October 15,” as

follows:

Rule 19-702.

ATTORNEY GRIEVANCE COMMISSION

105

(a)

Creation and Composition

There is an Attorney Grievance Commission which shall

consist of 12 members appointed by the Court of Appeals.

Nine

members shall be attorneys and three members shall not be

attorneys.

(b)

Term

Subject to section (f) of this Rule, the term of each

member is three years.

The terms of the members shall be

staggered so that the terms of three attorney members and one

non-attorney member expire each year.

(c)

Compensation

A member of the Commission may not receive compensation

for serving in that capacity but is entitled to reimbursement

for expenses reasonably incurred in the performance of official

duties in accordance with standard State travel regulations.

(d)

Chair and Vice Chair

The Court of Appeals shall designate one attorney member

as the Chair of the Commission and one attorney member as the

Vice Chair.

In the absence or disability of the Chair or upon

an express delegation of authority by the Chair, the Vice Chair

shall have the authority and perform the duties of the Chair.

(e)

Executive Secretary Counsel and Director

106

The Commission may select an attorney as Executive

Secretary Counsel and Director.

The Executive Secretary Counsel

and Director shall serve at the pleasure of the Commission and

receive the compensation set forth in the budget of the

Commission.

As directed by the Commission, the Executive

Secretary Counsel and Director shall (1) receive documents that

are filed with the Commission and maintain the records of the

Commission, (2) prepare the agenda of meetings of the Commission

and before each meeting send to each Commission member a copy of

the agenda and meeting materials, (3) serve as in-house attorney

to the Commission, (4) serve as liaison to the Chair of the Peer

Review Committee, and (5) have such other administrative powers

and duties assigned by the Commission.

(f)

Removal of Commission Members

The Court of Appeals may remove a member of the

Commission at any time.

(g)

Quorum

The presence of seven members of the Commission

constitutes a quorum for the transaction of business.

The

concurrence of seven members is required for all actions taken

by the Commission other than adjournment of a meeting for lack

of a quorum.

(h)

Powers and Duties

107

The Commission has the powers and duties to:

(1) recommend to the Court of Appeals the adoption of

procedural and administrative guidelines and policies consistent

with these Rules;

(2) employ and prescribe the compensation of the Executive

Secretary Counsel and Director;

(3) with the approval of the Court of Appeals, appoint Bar

Counsel;

(4) supervise the activities of Bar Counsel;

(5) authorize Bar Counsel to employ attorneys,

investigators, and staff personnel and to prescribe their

compensation;

(6) appoint special counsel as the need arises, in a

particular matter, or delegate to the Chair of the Commission

the authority to appoint special counsel;

(7) appoint members of the Peer Review Committee, designate

the Chair and one or more Vice Chairs, and remove any member for

cause at any time;

(8) employ and prescribe the compensation of personnel to

assist the Chair of the Peer Review Committee;

(9) exercise the authority granted in the Rules in this

Chapter with respect to the approval or disapproval of (A) the

dismissal of a complaint or Statement of Charges, (B) the

108

termination of a complaint with or without a warning a letter of

cautionary advice or a letter of admonition, (C) a Conditional

Diversion Agreement, (D) a reprimand, or (E) the filing of a

Petition for Disciplinary or Remedial Action;

(10) grant or deny any requests for extensions of time

permitted under the Rules of this Chapter or delegate to the

Chair of the Commission the authority to grant or deny such

requests;

(11) authorize the issuance of subpoenas in accordance with

these Rules or delegate to the Chair of the Commission the

authority to grant or deny such authorizations;

(12) perform the duties required by Title 19, Chapter 400

(Attorney Trust Accounts);

(13) administer the Disciplinary Fund;

(14) submit not later than September 1 October 15 of each

year a report to the Court of Appeals accounting for the

Disciplinary Fund, evaluating the effectiveness of the

disciplinary system, and recommending any changes; and

(15) submit annually to the State Court Administrator for

review and approval by the Court of Appeals a proposed budget

for the disciplinary system.

(i)

Effect of Chair's Decisions

109

When a request for action under this Chapter is subject to

the approval of the Chair of the Commission, the Chair's

approval of the request is final and shall be reported to the

Commission.

If the Chair denies the request or refers it to the

Commission for action, the Commission shall act upon the request

at its next meeting.

Source:

This Rule is derived from former Rule 16-711 (2016).

110

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 19-703 by adding a conforming amendment to

subsection (b)(3) to include a reference to a letter of

admonition and by making stylistic changes; by adding new

subsection (b)(13) permitting Bar Counsel to seek help for

attorneys in certain situations such as issues with substance

abuse, mental health, or practice management; and by renumbering

former subsection (b)(13) as subsection (b)(14), as follows:

Rule 19-703.

(a)

BAR COUNSEL

Appointment

Subject to approval by the Court of Appeals, the

Commission shall appoint an attorney as Bar Counsel.

Before

appointing Bar Counsel, the Commission shall notify bar

associations and the general public of the vacancy and consider

any recommendations that are timely submitted.

Bar Counsel

shall serve at the pleasure of the Commission and shall receive

the compensation set forth in the budget of the Commission.

(b)

Powers and Duties

111

Subject to the supervision and approval, if required, of

the Commission, Bar Counsel has the powers and duties to:

(1) investigate professional misconduct or incapacity on the

part of an attorney;

(2) issue subpoenas as provided by Rule 19-712;

(3) enter into and implement Conditional Diversion

Agreements, issue notices, and administer recommend warnings

letters of cautionary advice or letters of admonition, and

propose reprimands;

(4) file statements of charges, participate in proceedings

before Peer Review Panels, and prosecute all disciplinary and

remedial proceedings;

(5) file and prosecute petitions for disciplinary and

remedial actions in the name of the Commission;

(6) monitor and enforce compliance with all disciplinary and

remedial orders of the Court of Appeals;

(7) investigate petitions for reinstatement and applications

for resignation from the practice of law and represent the

Commission in those proceedings;

(8) initiate, intervene in, and prosecute actions to enjoin

the unauthorized practice of law;

112

(9) employ attorneys, investigators, and staff personnel as

authorized by the Commission at the compensation set forth in

the Commission's budget;

(10) discharge any employee;

(11) maintain dockets and records of all papers filed in

disciplinary or remedial proceedings;

(12) make reports to the Commission; and

(13) consult with the State and local bar associations,

public and private support groups, and other appropriate persons

in an effort to identify programs or services that can (A) serve

as a resource to assist attorneys who may come before Bar

Counsel, the Commission, or the Court of Appeals, and (B) be

considered when recommending or determining an appropriate

disposition of complaints or charges against those attorneys.

Those resources may include (A) treatment for emotional

distress, mental disorders or disability, or dependence on

alcohol, drugs, or other intoxicants, (B) assistance in law

office management, including mentoring, accounting, bookkeeping,

financial, and other professional assistance relevant to the

handling of client or third-party funds, calendaring events and

time deadlines, and other professional or business requirements

related to the practice of law, and (C) monitoring services when

113

required by Bar Counsel, the Commission, or the Court of

Appeals; and

Committee Note: Subsection (b)(13) does not require Bar Counsel

or the Commission to create or fund any of these programs or

services or to require or recommend their use in any particular

case. The Rules Committee is advised that programs and services

of this kind do exist or can be created. The Committee believes

that identifying those that are reliable and available may

permit a more effective disposition in particular cases by Bar

Counsel, the Commission, and the Court of Appeals.

(13)(14) perform other duties prescribed by the Commission,

this Chapter, and the Rules in Title 19, Chapter 400 (Attorney

Trust Accounts).

Source: This Rule is derived in part from former Rule 16-712

(2016) and is in part new.

114

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 19-704 by replacing the language “statement of

charges” in subsection (c)(4) with the language “docketed

complaint”; by deleting language in section (e) requiring the

Attorney Grievance Commission to cause a certain notice to be

provided to attorneys once a year and adding certain language

requiring a certain notice to be posted on the Commission’s

website; by adding language to section (f) that specifies the

Attorney Grievance Commission may reappoint members of the Peer

Review Panel; and by deleting language in section (i) requiring

a Peer Review Committee member to be removed “for cause” and

adding language permitting the Commission to remove a Peer

Review Committee member “at any time,” as follows:

Rule 19-704.

(a)

PEER REVIEW COMMITTEE

Creation

There is a Peer Review Committee, the members of which

are appointed to serve on Peer Review Panels pursuant to Rule

19-719.

(b)

Composition

115

The Peer Review Committee consists of the number of

individuals in each circuit that the Commission determines is

necessary to conduct the volume of peer review proceedings.

the number of members determined for each circuit, one-third

shall be residents of that circuit who are not attorneys and the

remainder shall be attorneys who maintain offices for the

practice of law within that circuit.

(c)

Individuals Ineligible for Appointment as an Attorney

Member

The Commission may not appoint as an attorney member to

the Peer Review Committee an individual who:

(1) is not admitted by the Court of Appeals to practice law

in Maryland;

(2) has not actively and lawfully engaged in the practice of

law in Maryland for at least five years;

(3) is a judge of a court of record;

(4) is the subject of a pending statement of charges

docketed complaint or petition for disciplinary or remedial

action; or

(5) was ever disbarred or suspended by the Court of Appeals

or by a disciplinary body or court of the United States or any

state.

116

(d)

Individuals Ineligible for Appointment as a Non-attorney

Member

The Commission may not appoint as a non-attorney member

to the Peer Review Committee an individual who:

(1) has been convicted of a serious crime and the conviction

has not been reversed or vacated; or

(2) is the complainant in a pending matter against an

attorney under the Rules in this Chapter.

(e)

Procedure for Appointment

Before appointing members of the Peer Review Committee,

the Commission shall notify bar associations and the general

public in the appropriate circuit and consider any applications

and recommendations that are timely submitted.

The Commission

shall prepare a brief notice informing attorneys how they may

apply to serve on the Peer Review Committee and deliver the

notice to the Trustees of the Client Protection Fund of the Bar

of Maryland, who at least once a year shall send a copy of the

notice to each attorney who is required to pay an annual fee to

the Fund post the notice on the Commission’s website.

(f)

Term

The term of each member is two years.

The Commission may

extend the term of any member assigned to a Peer Review Panel

117

until the completion of a pending matter.

A member may be

reappointed by the Commission.

(g)

Chair and Vice Chair

The Commission shall designate one attorney member of the

Peer Review Committee as Chair and one or more attorney members

as Vice Chairs.

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.

(h)

Compensation

A member of the Peer Review Committee may not receive

compensation for serving in that capacity but is entitled to

reimbursement for expenses reasonably incurred in the

performance of official duties in accordance with standard State

travel regulations.

(i)

Removal

The Commission may remove a member of the Peer Review

Committee for cause at any time.

Source:

This Rule is derived from former Rule 16-713 (2016).

118

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 19-705 by adding new language to section (a)

concerning sources of income to the Disciplinary Fund and by

making stylistic changes, as follows:

Rule 19-705.

(a)

DISCIPLINARY FUND

Establishment; Nature

There is a Disciplinary Fund.

The Fund is created and

administered pursuant to the Constitutional authority of the

Court of Appeals to regulate the practice of law in the State of

Maryland and to implement and enforce the Maryland Attorneys'

Rules of Professional Conduct adopted by the Court.

The Fund

consists entirely of contributions made by attorneys pursuant to

section (b) of this Rule, and income from those contributions,

and costs recovered pursuant to law or court order.

It is

dedicated entirely to the purposes established by the Rules in

this Title.

(b)

Payment by Attorneys

As a condition precedent to the practice of law, each

attorney shall pay annually an amount prescribed by the Court of

119

Appeals.

The amount shall be in addition to and paid by the

same date as other sums required to be paid to the Client

Protection Fund pursuant to Rule 19-605.

(c)

Collection and Disbursement

The treasurer of the Client Protection Fund of the Bar of

Maryland shall collect and remit to the Commission the sums paid

by attorneys to the Disciplinary Fund.

(d)

Audit

The Commission shall direct annually an independent audit

of the Disciplinary Fund.

The expense of the audit shall be

paid out of the Fund.

(e)

Enforcement

Enforcement of payment of annual assessments of attorneys

pursuant to this Rule is governed by the provisions of Rule 19606.

Source:

This Rule is derived from former Rule 16-714 (2016).

120

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 19-706 by adding new subsection (a)(3) to permit

probation as a sanction; by renumbering former subsections

(a)(3) through (a)(5) as subsections (a)(4) through (a)(6),

respectively; by deleting certain language and adding certain

language to subsection (a)(6) permitting a complaint to be

dismissed with a letter of cautionary advice or letter of

admonition; by making stylistic changes to subsection (a)(6); by

adding new subsection (a)(7) establishing a possible sanction of

placement on permanent retired status; by deleting the language

“placement on” in subsection (b)(1) and adding new language

“transfer to disability” to the same subsection; and by deleting

certain language in subsection (b)(3) pertaining to termination

of a proceeding and adding new language pertaining to placement

on permanent retirement status, as follows:

Rule 19-706.

(a)

SANCTIONS AND REMEDIES

For Professional Misconduct

121

An attorney who is found to have committed professional

misconduct is subject to one or more of the following sanctions

and remedies:

(1) disbarment by the Court of Appeals;

(2) suspension, for a fixed period or indefinitely, by the

Court of Appeals;

(3) probation under terms and conditions as specified by the

Court of Appeals;

(3)(4) reprimand by the Court of Appeals or, with the

attorney's consent, by the Commission;

(4)(5) conditional diversion in accordance with a

Conditional Diversion Agreement; and

(5)(6) termination of a disciplinary proceeding with or

without a warning dismissal of the complaint with or without a

letter of cautionary advice or, with the attorney’s consent, a

letter of admonition; or

(7) placement on permanent retired status.

(b)

For Incapacity

An attorney who is found to have an incapacity is subject

to the following:

(1) placement on transfer to disability inactive status,

subject to further order of the Court of Appeals;

122

(2) conditional diversion in accordance with a Conditional

Diversion Agreement; or

(3) termination of a remedial proceeding placement on

permanent retired status.

Source: This Rule is derived in part from former Rule 16-721

(2016) and is in part new.

123

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 19-707 by changing the tagline of section (a)

from “Peer Review Meetings” to “Peer Review Proceedings”; by

changing the tagline of subsection (a)(1) from “Confidentiality”

to “Generally”; by adding language to subsection (a)(1)

providing that all records and proceedings of a Peer Review

Panel are confidential; by making stylistic changes and adding

certain language to subsection (a)(1); by adding the word

“following” before “records and proceedings” and deleting

certain language in section (b); by removing the subsection

numbers in the first paragraph of section (b); by adding

language to section (b) clarifying that the listed records and

proceedings may not be disclosed by any member of the Peer

Review Committee or an agent of the complainant; by renumbering

the subsections of section (b); by deleting former subsection

(b)(2)(B); by replacing a reference to subsection (b)(2)(D) in a

Committee note with a reference to subsection (b)(3); by adding

new language “a circuit court, and the Court of Appeals” to

subsection (b)(3); by adding the word “prior” before “warning”

in subsection (b)(4); by making a certain provision applicable

124

to warnings issued prior to October 1, 2021; by adding language

to subsection (b)(4) concerning the permitted disclosures of

certain information about prior warnings issued by the

Commission; by deleting a reference to Rule 19-715 (d) in

subsection (b)(4); by adding new subsections (b)(5) and (b)(6)

pertaining to the contents of letters of admonition and letters

of cautionary advice issued by the Commission; by adding

language to subsection (b)(7) explaining permitted disclosures

by Bar Counsel to the complainant concerning the issuance of a

reprimand as provided in Rule 19-716 (c)(3)(A)(ix); by adding

new subsection (b)(9) pertaining to a motion filed pursuant to

Rule 19-712 (f) or (h); by adding the phrase “the final order

in” before “proceedings in the Court of appeals” in subsection

(b)(10); by replacing a reference to subsection (b)(2)(H) in

subsection (c)(1) with a reference to subsection (b)(10); by

adding a reference to Rule 19-716 in subsection (c)(3); by

adding certain language to subsection (c)(4); by deleting the

reference to the Clerk of the Court of Appeals in subsection

(d)(2); by adding the word “disability” before the words

“inactive status” twice in subsection (e); by adding the word

“written” before “request” in subsection (f)(3); by separating

subsection (f)(4) into additional subsections; by replacing the

phrase “requesting entity” in subsection (f)(4) with the

125

language “members or staff of the entity who require the

information in order for the entity to perform its authorized

function”; by adding new subsection (f)(4)(ii) pertaining to

permitted disclosures to entities by Bar Counsel with the

approval of the Chair of the Commission; by adding the word

“possible” before “criminal activity” in subsection (f)(8); by

adding language to subsection (f)(9) expanding the other

disciplinary authorities to which disclosures may be made; by

adding new subsection (f)(10) addressing permitted disclosures

to a representative of a Lawyer Assistance Program or the

appropriate Department of Human Services or department of social

services; by adding a Committee note after new subsection

(f)(10) clarifying the intent of the subsection; by adding new

subsection (f)(11) pertaining to permitted disclosures in

response to a Petition for Reinstatement or a Petition for

Resignation filed by an attorney; and by renumbering subsection

(f)(10) to conform to the addition of new subsections, as

follows:

Rule 19-707.

(a)

CONFIDENTIALITY

Peer Review Meetings Proceedings

(1) Confidentiality Generally

126

All records and proceedings of a Peer Review Panel,

including all communications, whether written or oral, and all

non-criminal conduct, made or occurring at a meeting of a peer

review panel Peer Review Panel, are confidential and not open to

public disclosure or inspection.

Except as otherwise expressly

permitted in this Rule, individuals present at the meeting of

the Panel shall maintain that confidentiality and may not

disclose or be compelled to disclose such communications or

conduct in any judicial, administrative, or other proceeding.

(2) Privilege

Communications and conduct that are confidential under

this Rule are privileged and are not subject to discovery, but

information that is otherwise admissible or subject to discovery

does not become inadmissible or protected from disclosure solely

by reason of its use or occurrence at a peer review meeting.

(b)

Other Confidential Material

Except as otherwise provided in this Rule, the following

records and proceedings listed in this section and the contents

of those records and proceedings are (1) confidential and not

open to public inspection and (2) may not be disclosed by Bar

Counsel, the staff and investigators of the Office of Bar

Counsel, any member of the Commission, the staff of the

Commission, any member of the Peer Review Committee, any

127

attorney involved in the proceeding, or, in any civil action or

proceeding, by the complainant or an attorney for or agent of

the complainant:

(A)(1) the records of an investigation by Bar Counsel,

including the existence and content of any complaint or

response, until Bar Counsel files a petition for disciplinary or

remedial action pursuant to Rule 19-721;

(B) the records and proceedings of a Peer Review Panel;

(C)(2) information that is the subject of a protective

order;

(D)(3) the contents of a prior private reprimand or Bar

Counsel reprimand pursuant to the Attorney Disciplinary Rules in

effect prior to July 1, 2001, but the fact that a private or Bar

Counsel reprimand was issued and the facts underlying the

reprimand may be disclosed to a Peer Review Panel, a circuit

court, and the Court of Appeals in a proceeding against the

attorney alleging similar misconduct;

Committee note: Disclosure under subsection (b)(2)(D) (b)(3) of

this Rule is not dependent upon a finding of relevance under

Rule 19-720 (c)(1).

(E)(4) the contents of a prior warning issued by the

Commission pursuant to the Attorney Disciplinary Rules in effect

prior to October 1, 2021, but the fact that a warning was issued

and the facts underlying the warning may be disclosed to a Peer

128

Review Panel, a circuit court, and the Court of Appeals in a

subsequent proceeding against the attorney when relevant to a

complaint alleging similar conduct by the attorney as provided

in Rule 19-715 (d);

(5) the contents of a letter of admonition issued by the

Commission as provided in Rule 19-714;

(6) the contents of a letter of cautionary advice issued by

the Commission as provided in Rule 19-714;

(F)(7) the contents of a Conditional Diversion Agreement as

provided in Rule 19-716 (j)(2), except that Bar Counsel may

disclose to the complainant, when applicable, the fact that,

upon successful completion of the Conditional Diversion

Agreement, the Commission will issue a reprimand to the attorney

as provided in Rule 19-716 (c)(3)(A)(ix);

(G)(8) the records and proceedings of the Commission on

matters that are confidential under this Rule;

(9) a motion filed pursuant to Rule 19-712 (f) or (h) and

records and proceedings on that motion;

(H)(10) a Petition for Disciplinary or Remedial Action based

solely on the alleged incapacity of an attorney and records and

proceedings, other than the final order in proceedings in the

Court of Appeals, on that petition; and

129

(I)(11) a petition for an audit of an attorney's accounts

filed pursuant to Rule 19-731 and records and proceedings, other

than proceedings in the Court of Appeals, on that petition.

(c)

Public Proceedings and Records

The following records and proceedings are public and open

to inspection:

(1) except as otherwise provided in subsection (b)(2)(H)

(b)(10) of this Rule, a Petition for Disciplinary or Remedial

Action, all proceedings on that petition, and all documents or

other items admitted into evidence at any hearing on the

petition;

(2) an affidavit filed pursuant to Rule 19-736 that consents

to discipline and an order that disbars, suspends, or reprimands

the attorney by consent;

(3) a reprimand issued by the Commission pursuant to Rule

19-716 or Rule 19-717; and

(4) except as otherwise provided by order of the Court of

Appeals, all filings and proceedings under this Chapter in the

Court of Appeals.

(d)

Required Disclosures by Bar Counsel

(1) Reprimand by Commission

If an attorney is reprimanded by the Commission, Bar

Counsel shall notify the Clerk of the Court of Appeals.

130

(2) Conviction of a Serious Crime

If Bar Counsel has received and verified information

that an attorney has been convicted of a serious crime, Bar

Counsel shall notify the Commission and the Clerk of the Court

of Appeals.

(e)

Required Disclosures by Clerk of the Court of Appeals

If an attorney resigns or is reprimanded, convicted of a

serious crime, or, by order of the Court of Appeals, disbarred,

suspended, reinstated, or transferred to disability inactive

status, the Clerk of the Court of Appeals of Maryland shall

notify the National Lawyer Regulatory Data Bank of the American

Bar Association and the disciplinary authority of every other

jurisdiction in which the attorney is admitted to practice.

addition, the Clerk shall comply with Rule 19-761 upon entry of

each order of the Court by which an attorney is disbarred,

suspended, reinstated, or transferred to disability inactive

status.

(f)

Permitted Disclosures

(1) Written Waiver of Attorney

If the attorney has signed a written waiver of

confidentiality, the Commission or Bar Counsel may disclose

information to the extent permitted by the waiver.

131

(2) To Investigate a Complaint; Prepare a Defense to a

Complaint; Prepare for a Hearing

The parties to a disciplinary or remedial action may use

confidential information other than the records and proceedings

of a Peer Review Panel to the extent reasonably necessary to

investigate a complaint, prepare a defense to a complaint, or

prepare for a public hearing in the action but shall preserve

the confidentiality of the information in all other respects.

(3) Communications With Complainant

Upon written request of a complainant, Bar Counsel may

disclose to the complainant the status of an investigation and

of any disciplinary or remedial proceedings resulting from

information from the complainant.

(4) Requests by Authorities

(A) Upon receiving a request that complies with this

subsection, the Commission or Bar Counsel may disclose the

pendency, subject matter, status, and disposition of

disciplinary or remedial proceedings involving an attorney or

former attorney that did not result in dismissal of a complaint.

The request must be made in writing by a judicial nominating

commission, a bar admission authority, the President of the

United States, the Governor of a state, or a committee of the

General Assembly of Maryland or of the United States Congress.

132

The requesting entity must represent that it is considering the

nomination, appointment, confirmation, approval, or admission to

practice of the attorney or former attorney, and that the

information will be treated as confidential and without the

consent of the attorney will not be copied or disclosed to

anyone other than the requesting entity members or staff of the

entity who require the information in order for the entity to

perform its authorized function.

(B) With the approval of the Chair of the Commission, Bar

Counsel may disclose the pendency, subject matter, status, and

disposition of disciplinary or remedial proceedings involving an

attorney or former attorney that did not result in dismissal of

a complaint to a judicial nominating commission, a bar admission

authority, the President of the United States, the Governor of a

state, or a committee of the General Assembly of Maryland or of

the United States Congress.

Bar Counsel must obtain a statement

from the entity that it is considering the nomination,

appointment, confirmation, approval, or admission to practice of

the attorney or former attorney, and that the information will

be treated as confidential and without the consent of the

attorney will not be copied or disclosed to anyone other than

the members or staff of the entity who require the information

in order for the entity to perform its authorized function.

133

(5) Request by Client Protection Fund

Upon written request by the Client Protection Fund, Bar

Counsel or the Commission may permit an authorized officer of

the Fund to review and copy specific records relating to an

attorney that are relevant to a claim pending before the Fund.

Unless the Court orders otherwise, the Fund shall maintain the

confidentiality of any records it has reviewed or copied.

(6) Explanatory Statements

The Chair of the Commission may issue a brief

explanatory statement necessary to correct any public

misperception about actual or possible proceedings.

(7) Court Order or Grand Jury Subpoena

Bar Counsel shall comply with an order of a court or a

subpoena issued by a duly constituted grand jury of this State

or the United States to produce records and disclose

confidential information concerning the attorney.

(8) Law Enforcement Officials

With the approval of the Chair of the Commission, Bar

Counsel may provide to law enforcement and prosecuting officials

information involving possible criminal activity.

(9) Other Disciplinary Authorities

With the approval of the Chair of the Commission, Bar

Counsel may provide to the disciplinary authority of any other

134

jurisdiction in which an attorney is admitted to practice,

maintains a location for the practice of law, or engages in the

unauthorized practice of law, records and other confidential

information concerning the attorney.

(10) Lawyer Assistance; Adult Protective Services

Bar Counsel may disclose the existence of a complaint

to a representative of a Lawyer Assistance Program sponsored by

a state or local bar association or the appropriate Department

of Human Services or department of social services regarding the

lawyer's potential need for treatment for substance abuse or a

mental health issue.

Disclosure under this Rule shall be

limited to the existence of the complaint and the issues of

concern and shall not reveal the nature or details of the

complaint unless such disclosure is necessary.

Committee Note: This subsection is intended to allow Bar

Counsel to disclose the existence of a complaint to a Lawyer

Assistance Program when necessary to assist the attorney in

receiving appropriate services for substance abuse or mental

health problems revealed or implicit from the complaint or

through an investigation by Bar Counsel. It is not intended to

permit Bar Counsel to act on confidential information reported

by a Lawyer Assistance Program to Bar Counsel absent a signed

waiver or consent by the attorney. Bar Counsel may not act on

any such information unless accompanied by a signed waiver or

consent by the attorney. This does not preclude Bar Counsel

from using or considering that kind of information lawfully

obtained from other sources.

(11) Petition for Reinstatement; Petition for Resignation

135

Bar Counsel may disclose the pendency, subject matter,

status, and disposition of disciplinary or remedial proceedings

involving an attorney or former attorney that did not result in

dismissal of a complaint in response to a Petition for

Reinstatement or a Petition for Resignation filed by an

attorney.

(10)(12) Summarized Information

In order to improve the administration of justice, the

Commission and Bar Counsel may publish reports and summaries of

confidential investigations, charges, and disciplinary or

remedial proceedings, provided that the identity of attorneys,

complainants, and witnesses is not revealed.

Source: This Rule is derived in part from former Rule 16-723

(2016) and is in part new.

136

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 1.

GENERAL PROVISIONS

AMEND Rule 19-708 by changing the tagline from “Statement

of Charges” to “Original Process”; by adding certain language to

section (a); by deleting certain language in section (a)

permitting service of original process on the Client Protection

Fund; by adding language to section (b) permitting an attorney

to be served with non-original process via all e-mail addresses

on record for that attorney in the AIS system pursuant to Rule

19-802; by deleting language in the Committee note following

section (b) pertaining to the service of papers on the Client

Protection Fund; by adding language to the Committee note

pertaining to the use of e-mail addresses contained in the AIS

database for service of other papers; and by adding a reference

to Rule 19-718 in the cross reference after section (b), as

follows:

Rule 19-708.

(a)

SERVICE OF PAPERS ON ATTORNEY

Statement of Charges Original Process

A copy of a Statement of Charges filed pursuant to Rule

19-718 and a petition filed pursuant to Rule 19-718 Rules 19137

721, 19-733, 19-737, or 19-738 shall be served on an attorney in

the manner prescribed by Rule 2-121.

If after reasonable

efforts the attorney cannot be served personally, service may be

made upon the employee designated by the Client Protection Fund

pursuant to Rule 19-604 (a)(12), who shall be deemed the

attorney's agent for receipt of service.

The Fund's employee

shall send, by both certified mail and ordinary mail, a copy of

the papers so served to the attorney at the address maintained

in the Fund's records and to any other address provided by Bar

Counsel.

(b)

Service of Other Papers

Except as otherwise provided in this Chapter, other notices

and papers may be served on an attorney in the manner provided

by Rule 1-321 for service of papers after an original pleading

or by e-mail to all e-mail addresses of record maintained by the

attorney with the Attorney Information System in accordance with

Rule 19-802.

Committee note: The attorney's address contained in the records

of the Client Protection Fund of the Bar of Maryland may be the

attorney's last known address. Mailing address(es) and e-mail

address(es) maintained by AIS may be relied upon by Bar Counsel

and the Commission as the attorney’s current information in

accordance with Rule 19-802 (e).

Cross reference: See Rule 19-718 concerning service of a

Statement of Charges. See Rule 19-721 concerning service of a

Petition for Disciplinary or Remedial Action.

138

Source: This Rule is derived in part from former Rule 16-724

(2016) and is in part new.

139

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 1.

Rule 19-709.

(a)

GENERAL PROVISIONS

COSTS

Generally

Except as provided in section (c) of this Rule, and

unless the Court of Appeals orders otherwise, the prevailing

party in proceedings under this Chapter is entitled to

reasonable and necessary costs.

By order, the Court may

allocate costs among the parties.

(b)

Costs Defined

Costs include:

(1) court costs;

(2) reasonable and necessary fees and expenses paid to an

expert witness who testified in the proceeding before the

circuit court judge;

(3) reasonable and necessary travel expenses of a witness

who is not an expert witness;

(4) reasonable and necessary costs of a transcript of

proceedings before the circuit court judge;

140

(5) reasonable and necessary fees and expenses paid to a

court reporter or reporting service for attendance at a

deposition and for preparing a transcript, audio recording, or

audio-video recording of the deposition; and

(6) other reasonable and necessary expenses, excluding

attorneys' fees, incurred in investigating the claims and in

prosecuting or defending against the petition for disciplinary

or remedial action before the circuit court judge and in the

Court of Appeals.

(c)

Reinstatement Proceedings

In proceedings for reinstatement under Rules 19-751 or

19-752, the attorney shall pay all court costs and costs of

investigation and other proceedings on the petition, including

the costs of physical and mental examinations, transcripts, and

other reasonable expenditures necessary to evaluate the

petition.

(d)

Judgment

Costs of proceedings under this Chapter, including the

costs of all transcripts, shall be assessed by the Clerk of the

Court of Appeals and included in the order as a judgment.

motion, the Court may review the action of the Clerk.

(e)

Enforcement

Rule 8-611 applies to proceedings under this Chapter.

141

Source: This Rule is in part derived from former Rule 16-761

(2016) and is in part new.

142

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 2.

ADMINISTRATIVE PROCEEDINGS

AMEND Rule 19-711 by deleting the word “individual” in

sections (a) and (b) and replacing it with the word “person”; by

deleting the word “address” in section (a) and subsection (c)(1)

and replacing with the words “contact information”; by deleting

certain language in subsection (b)(3) and adding certain

language requiring that an investigation, in order to proceed,

must find a substantial basis that an attorney committed

misconduct or is incapacitated; by adding new subsection (b)(4)

and renumbering former subsection (b)(4) as subsection (b)(5);

by deleting “six months” from subsection (b)(5) and replacing it

with “90 days”; by adding certain language to subsection (b)(5)

expanding the reference to subsection (b)(3) to include

subsection (b)(1); by renumbering the reference to subsection

(b)(4) to subsection (b)(5) in subsection (b)(3) and subsection

(d)(1); by deleting the reference to section (b) from the

reference to Rule 19-108 in section (c); and by deleting the

number “90” from subsection (d)(1) and replacing it with “120,”

as follows:

143

Rule 19-711.

(a)

COMPLAINT; INVESTIGATION BY BAR COUNSEL

Who May Initiate

Bar Counsel may file a complaint on Bar Counsel's own

initiative, based on information from any source.

Any other

individual person also may file a complaint with Bar Counsel.

Any communication to Bar Counsel that (1) is in writing, (2)

alleges that an attorney has engaged in professional misconduct

or has an incapacity, (3) includes the name and address contact

information of the individual person making the communication,

and (4) states facts which, if true, would constitute

professional misconduct by or demonstrate an incapacity of an

attorney constitutes a complaint.

(b)

Review of Complaint

(1) Bar Counsel shall make an inquiry concerning every

complaint that is not facially frivolous, unfounded, or

duplicative.

(2) If Bar Counsel concludes that a complaint is without

merit, does not allege facts which, if true, would demonstrate

either professional misconduct or incapacity, or is duplicative,

Bar Counsel shall decline the complaint and notify the

complainant.

Bar Counsel also may decline a complaint submitted

by an individual person who provides information about an

attorney derived from published news reports or third party

144

sources where the complainant appears to have no personal

knowledge of the information being submitted.

(3) Unless a complaint is declined for one of the reasons

set forth in subsection (b)(2) of this Rule, Bar Counsel

ordinarily shall obtain a written response from the attorney who

is the subject of a complaint and consider other appropriate

information to assist in evaluating the merits of the complaint.

If Bar Counsel determines based upon such evaluation that an

insufficient basis exists to demonstrate misconduct or

incapacity or that the overall circumstances do not warrant

investigation, Bar Counsel may close the file without approval

of the Commission.

Otherwise, subject to subsection (b)(4)

(b)(5) of this Rule, Bar Counsel shall (A) docket the complaint,

(B) notify the complainant and explain in writing the procedures

for investigating and processing the complaint, (C) comply with

the notice requirement of section (c) of this Rule, and (D)

conduct an investigation to determine whether reasonable grounds

exist to support the allegations of the complaint there exists a

substantial basis to conclude the attorney committed

professional misconduct or is incapacitated.

(4)

If a complaint is declined or closed by Bar Counsel,

allegations made in the complaint may not be used in any

disciplinary proceeding against the attorney.

145

If additional

information becomes known to Bar Counsel regarding a complaint

that was declined or closed before docketing, the earlier

allegations may be reopened.

Committee note: In this Rule, “docket” refers to the process of

listing a complaint on the docket of active investigations

maintained by Bar Counsel, rather than on a docket maintained by

the clerk of a court. Before determining whether a complaint is

frivolous or unfounded, Bar Counsel may contact the attorney and

obtain an informal response to the allegations.

(4)(5) If Bar Counsel concludes that a civil or criminal

action involving material allegations against the attorney

substantially similar or related to those alleged in the

complaint is pending in any court of record in the United

States, or that substantially similar or related allegations

presently are under investigation by a law enforcement,

regulatory, or disciplinary agency, Bar Counsel, with the

approval of the Commission, may defer action on the complaint

pending a determination of those allegations in the pending

action or investigation.

Bar Counsel shall notify the

complainant of that decision and, during the period of the

deferral, shall report to the Commission, at least every six

months 90 days, the status of the other action or investigation.

The Commission, at any time, may direct Bar Counsel to proceed

in accordance with subsection (b)(1) or (3) of this Rule.

(c)

Notice to Attorney

146

(1) Except as otherwise provided in this section, Bar

Counsel shall notify the attorney who is the subject of the

complaint that Bar Counsel is undertaking an investigation to

determine whether the attorney has engaged in professional

misconduct or is incapacitated.

The notice shall be given

before the conclusion of the investigation and shall include the

name and address contact information of the complainant and the

general nature of the professional misconduct or incapacity

under investigation.

As part of the notice, Bar Counsel may

demand that the attorney provide information and records that

Bar Counsel deems appropriate and relevant to the investigation.

The notice shall state the time within which the attorney shall

provide the information and any other information that the

attorney may wish to present.

The notice shall be served on the

attorney in accordance with Rule 19-708 (b).

(2) Bar Counsel need not give notice of investigation to an

attorney if, with the approval of the Commission, Bar Counsel

proceeds under Rule 19-737, 19-738, or 19-739.

(d)

Time for Completing Investigation

(1) Generally

Subject to subsection (b)(4)(b)(5) of this Rule or

unless the time is extended pursuant to subsection (d)(2) of

147

this Rule, Bar Counsel shall complete an investigation within 90

120 days after docketing the complaint.

(2) Extension

(A) Upon written request by Bar Counsel and a finding of

good cause by the Commission, the Commission may grant an

extension for a specified period.

Upon a separate request by

Bar Counsel and a finding of good cause, the Commission may

renew an extension for a specified period.

(B) The Commission may not grant or renew an extension, at

any one time, of more than 60 days unless it finds specific good

cause for a longer extension.

Counsel shall provide the Commission with a status report at

least every 60 days.

(3) Sanction

For failure to comply with the time requirements of

section (d) of this Rule, the Commission may take any action

appropriate under the circumstances, including dismissal of the

complaint and termination of the investigation.

Source: This Rule is derived in part from former Rule 16-731

(2016) and is in part new.

148

MARYLAND RULES OF PROCEDURE

TITLE 19 – ATTORNEYS

CHAPTER 700 – DISCIPLINE, INACTIVE STATUS, RESIGNATION

DIVISION 2.

ADMINISTRATIVE PROCEEDINGS

AMEND Rule 19-712 by making stylistic changes to section

(a); by deleting certain language from subsection (a)(1)(A); by

adding certain language to subsection (a)(1)(A); by adding

subsection (a)(1)(B) pertaining to subpoena to compel an

attorney to submit to a mental or physical examination; by

adding certain language to subsection (a)(2); by adding certain

language to subsection (a)(2)(A); by making stylistic changes to

section (b); by adding new subsection (b)(2) pertaining to the

requirements necessary in a subpoena to compel an attorney to

submit to a mental or physical evaluation; by making stylistic

changes to section (c); by deleting certain language from

section (c) pertaining to service pursuant to Rule 19-708 (b);

by adding certain language to subsection (c)(1); by adding

certain language to the cross reference following subsection

(c)(1) pertaining to Rule 19-411 (b); by adding new subsection

(c)(2) pertaining to alternative service; by re-lettering and

deleting certain language from section (g) to create new section

(d); by adding certain language to new section (d); by relettering former section (d) as new section (e) pertaining to

149

objections to subpoenas; by deleting former section (e) and

replacing it with new section (f) pertaining to the enforcement

of subpoenas; by re-lettering former section (f) as new section

(g); by adding certain language to new section (g) clarifying

that a circuit court is referenced in this section and not the

Court of Appeals; by deleting current section (g); and by adding

new section (h) pertaining to the procedures that govern a

petition for disciplinary or remedial action after an attorney

is found to be in contempt, as follows:

Rule 19-712.

(a)

INVESTIGATIVE SUBPOENA

Approval and Issuance

(1) The Chair of the Commission may authorize Bar Counsel to

issue a subpoena to (A) compel the attendance of witnesses and

the production of the person to whom it is directed to attend,

give testimony, and produce designated documents, electronically

stored information, or other tangible things at a time and place

specified in the subpoena, or (B) to compel the attorney to

submit to a mental or physical examination by a suitably

licensed or certified examiner.

(2) The Chair of the Commission may authorize a subpoena if

the Chair finds that (A) the subpoena is necessary to and in

furtherance of an investigation being conducted by Bar Counsel

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pursuant to Rule 19-711, 19-735, 19-751, or 19-752 or (B) the

subpoena has been requested by a disciplinary authority of

another jurisdiction pursuant to the law of that jurisdiction

for use in a disciplinary or remedial proceeding in that

jurisdiction to determine alleged professional misconduct or

incapacity of an attorney subject to the jurisdiction of that

disciplinary authority.

(2)(3) Upon approval, Bar Counsel may issue the subpoena.

(b)

Contents

(1) A subpoena shall comply with the requirements of Rule 2510 (c), except that to the extent practicable, a subpoena shall

not identify the attorney under investigation.

A subpoena to

compel attendance of a witness shall include or be accompanied

by a notice that the witness (1) has the right to consult with

an attorney with respect to the assertion of a privilege or any

other matter pertaining to the subpoena and (2) may file a

motion for judicial relief under Rule 2-510.

(2) A subpoena to compel the attorney to submit to a mental

or physical examination shall specify the time, place, manner,

conditions, and scope of the examination and the person or

persons by whom it is to be made.

(c)

Service

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Except for service upon an attorney in accordance with

Rule 19-708 (b), a

(1) Generally

A subpoena shall be served in accordance with Rule 2-510

(d).

Promptly after service of a subpoena on a person other

than the attorney under investigation and in addition to giving

any other notice required by law, Bar Counsel shall serve a copy

of the subpoena on the attorney under investigation.

Cross reference: For examples of other notice required by law,

see Code, Financial Institutions Article, § 1-304, concerning

notice to depositors of subpoenas for financial records; Code,

Health - General Article, § 4-306 concerning disclosure of

medical records,; and Code, Health - General Article, § 4-307,

concerning notice of a request for issuance of compulsory

process seeking medical records related to mental health

services. See also Rule 19-411 (b), concerning notices required

in connection with IOLTA accounts.

(2) Alternative Service

If after reasonable efforts the attorney cannot be

served personally, service may be made on the attorney by

sending by e-mail to all e-mail addresses of record maintained

by the attorney with the Attorney Information System in

accordance with Rule 19-802.

(d)

Recording of Statements

All testimony by the subpoenaed witness shall be under

oath and shall be contemporaneously recorded stenographically or

by electronic audio or audio-video recording.

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(d)(e)

Objection

The person served with the subpoena or the attorney under

investigation may file a motion in the circuit court for the

county in which the subpoena was served for any order permitted

by Rule 2-510 (e).

The motion shall be filed promptly and,

whenever practicable, at or before the time specified in the

subpoena for compliance.

(e)(f)

Enforcement

On the motion of Bar Counsel, the court may enforce

compliance with the subpoena.

(1) Order Enforcing Compliance

(A) If (i) the person served with a subpoena fails to file

a timely motion under section (e) or the court denies such a

motion, and (ii) the person fails to comply with the subpoena,

Bar Counsel may file a motion in the circuit court for the

county in which the subpoena was served for an order to enforce

compliance with the subpoena.

(B) Papers filed in the circuit court pursuant to this

subsection shall be sealed upon filing and shall be open to

inspection only by order of the court.

A hearing before the

court shall be on the record and shall be conducted outside of

the presence of all individuals other than Bar Counsel, the

attorney, the judge, and those individuals whose presence the

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court deems necessary.

Any transcript or recording of the

proceedings shall be sealed.

(2) Petition for Contempt

If a person willfully fails to comply with an order

issued under subsection (f)(1), Bar Counsel may file a petition

for contempt pursuant to Rule 15-206 or for a body attachment

pursuant to Rule 2-510 (j).

(3) Other Sanctions

If the person is the attorney who is the subject of the

investigation, Bar Counsel may, in addition, (A) with the

approval of the Chair of the Commission, file with the Court of

Appeals a petition to suspend the attorney from practicing law

pending compliance with the subpoena, and (B) file a statement

of charges pursuant to Rule 19-718 for violation of Rule 19308.1.

The attorney may file a response to a petition for

suspension within 15 days after service of the petition.

The

Court may decide the issue on the papers filed or shall hold an

expedited hearing on the petition.

(f)(g)

Confidentiality

Any paper filed in the circuit court with respect to a

subpoena shall be sealed upon filing and shall be open to

inspection only by order of the court.

A hearing before the

court on any motion shall be on the record and shall be

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conducted out of the presence of all individuals other than Bar

Counsel, the attorney, and those individuals whose presence the

court deems necessary.

(g)

Recording of Statements

All statements by the subpoenaed witness shall be under

oath and shall be contemporaneously recorded stenographically or

electronically.

(h)

Petition for Disciplinary or Remedial Action

(1) Generally

If the circuit court makes a finding of contempt

pursuant to Rule 15-206, Bar Counsel, with the approval of the

Chair of the Commission, may file a Petition for Disciplinary or

Remedial Action in the Court of Appeals pursuant to Rule 19-721

(a)(1).

A certified copy of the order of contempt shall be

attached to the Petition, and a copy of the Petition and order

shall be served on the attorney in accordance with Rule 19-723.

(2) Show Cause Order

When a petition and certified copy of an order of

contempt have been filed, the Court of Appeals shall order that

the attorney, within 15 days from the date of the order, show

cause in writing why the attorney should not be suspended

immediately from the practice of law until the further order of

the Court of Appeals.

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(3) Action by the Court of Appeals

Upon consideration of the petition and any answer to the

order to show cause, the Court of Appeals may enter an order (A)

immediately suspending the attorney from the practice of law,

(B) designating a judge pursuant to Rule 19-722 to hold a

hearing in accordance with Rule 19-727, or (C) containing any

other appropriate provisions.

The provisions of Rules 19-741

and 19-743 apply to an order under this s

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