r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

Cross reference: See Md. Const., Art. 4, §3A and Code, Courts
Article, §1-302.
(j) (k) Sanctionable Conduct
(1) "Sanctionable conduct" means misconduct while in office,
the persistent failure by a judge to perform the duties of the
judge's office, or conduct prejudicial to the proper
administration of justice. A judge's violation of any of the
provisions of the Maryland Code of Judicial Conduct promulgated
by Rule 16-813 may constitute sanctionable conduct.
(2) Unless the conduct is occasioned by fraud or corrupt
motive or raises a substantial question as to the judge's fitness
for office, "sanctionable conduct" does not include:
(A) making an erroneous finding of fact, reaching an
incorrect legal conclusion, or misapplying the law; or
(B) failure to decide matters in a timely fashion unless
such failure is habitual.
Committee note: Sanctionable conduct does not include a judge's
making wrong decisions - even very wrong decisions - in
particular cases.
Cross reference: Md. Const., Art. IV, §4B (b)(1).
For powers of the Commission in regard to any investigation
or proceeding under §4B of Article IV of the Constitution, see
Code, Courts Article, §§13-401 to 13-403.
Source: This Rule is in part derived from former Rule 1227
(adopted 1995) and is in part new.
REPORTER’S NOTE
See the Reporter’s note to proposed new Rule 16-804.1.
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