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

The presence of a majority of the members of the Board
constitutes a quorum for the transaction of business, so long as
at least one judge, one lawyer, and one public member are
present. A member of the Board may be present in person or by
telephone or video conferencing. Other than adjournment of a
meeting for lack of a quorum, no action may be taken by the Board
without the concurrence of a majority of members of the Board.
(f) Powers and Duties
The powers and duties of the Board are set forth in Rules
16-805 and 16-806.
(g) Record
The Executive Secretary of the Commission shall attend the
Board meetings and keep a record in the form that the Commission
requires.
Source: This Rule is new.
REPORTER’S NOTE
The Honorable Sally D. Adkins, Chair of the Commission on
Judicial Disabilities, requested that the Rules Committee
consider modifying the Commission’s review process to include a
preliminary assessment of complaints and Investigative Counsel’s
reports and recommendations by a separate Board whose members are
appointed by the Commission. The purpose of the Board is to
decrease Commission involvement in the investigatory process and
facilitate early resolution of complaints under the standards of
Rule 16-807. The Rules Committee recommends amending Rules 16-
803, 16-805, 16-806, and 16-808, as well as adding new Rule 16-
804.1 pertaining to the “Judicial Inquiry Board,” to set out the
operating procedures for the Board. The Committee believes that
the proposed new procedures will help the Commission avoid
situations in which there may be an appearance of impropriety.
See, e.g., Board of Pharmacy v. Spencer, 150 Md. App. 138 (2003),
rev’d in part on other grounds, 380 Md. 515 (2004).
-239-