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MARYLAND RULES OF PROCEDURE TITLE 16 - COURTS, JUDGES, AND ATTORNEYS CHAPTER 800 - MISCELLANEOUS AMEND Rule 16-805 to transfer to section (d) the substance of the Committee note that follows section (d); to allow an inquiry to include obtaining additional information from potential witnesses; to allow the Chair of the Commission to authorize Investigative Counsel to issue a subpoena during a preliminary investigation; to allow a complaint to be dismissed during a preliminary investigation under certain circumstances without notifying the judge that a preliminary investigation had been undertaken; to specify duties, powers, and procedures of the Judicial Inquiry Board; to provide for procedures by the Commission concerning the report and recommendation of the Board; to allow the Commission to consider the report and recommendation of Investigative Counsel under certain circumstances; to correct internal references; and to make stylistic changes; as follows: Rule 16-805. COMPLAINTS; PRELIMINARY INVESTIGATIONS (a) Complaints All complaints against a judge shall be sent to Investigative Counsel. Upon receiving a complaint that does not qualify as a formal complaint but indicates that a judge may have a disability or have committed sanctionable conduct, Investigative Counsel shall, if possible: (1) inform the -240-
complainant of the right to file a formal complaint; (2) inform the complainant that a formal complaint must be supported by affidavit and provide the complainant with the appropriate form of affidavit; and (3) inform the complainant that unless a formal complaint is filed within 30 days after the date of the notice, Investigative Counsel is not required to take action, and the complaint may be dismissed. (b) Formal Complaints Investigative Counsel shall number and open a file on each formal complaint received and promptly in writing (1) acknowledge receipt of the complaint and (2) explain to the complainant the procedure for investigating and processing the complaint. (c) Dismissal by Investigative Counsel If Investigative Counsel concludes that the complaint does not allege facts that, if true, would constitute a disability or sanctionable conduct and that there are no reasonable grounds for a preliminary investigation, Investigative Counsel shall dismiss the complaint. If a complainant does not file a formal complaint within the time stated in section (a) of this Rule, Investigative Counsel may dismiss the complaint. Upon dismissing a complaint, Investigative Counsel shall notify the complainant and the Commission that the complaint has been dismissed. If the judge has learned of the complaint and has requested notification, Investigative Counsel shall also notify the judge that the complaint has been dismissed. (d) Inquiry -241
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STANDING COMMITTEE ON RULES OF PRAC
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December 19, 2006 ONE HUNDRED FIFTY
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of probation proceeding is proposed
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litigation. The proposed amendments
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MARYLAND RULES OF PROCEDURE TITLE 3
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Source: This Rule is derived from f
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Source: This Rule is derived from f
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of the amendment, whichever is late
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as of right; and (F) (H) any other
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REPORTER’S NOTE Chapter 534, Laws
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REPORTER’S NOTE See the Reporter
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Insurance Commissioner of Maryland
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Section (d) (c) is derived from for
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under Rule 4-345, or the defendant
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under Code, Criminal Procedure Arti
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-43- ______ ______ proven not prove
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custody, arrest, or detention of or
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contendere to a charge of a crime o
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to conform his or her conduct to th
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of us, but fewer than all 12, find
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We unanimously determine the senten
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within 15 days after service of the
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language of the proposed amendment
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irregularity. If the appeal is rein
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taking into consideration all relev
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(c) Service (d) Response (e) Hearin
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Family Law Article, Titles 1 and 5
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Agency Guardianship), Form 9-102.9
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(C) Notice The court shall send to
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(c) If I choose to seek the appoint
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child or I or my child's other biol
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the right to be notified when the p
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3. Right to Attorney. I understand
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adopt me and I will no longer be th
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had it read to me in a language tha
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in subsection (b)(2)(B)(iv) and add
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(H) If the person to be adopted is
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equired affidavits of translators o
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ehalf of each petitioner in connect
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e stated is known to a child placem
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affect the consent signed by the pe
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Promptly Upon upon the filing of a
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directs to be served. (B) If the pa
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e published at least one time in on
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IMPORTANT THIS IS A COURT ORDER. IF
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WHETHER THE PETITION REQUESTS ADOPT
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participate effectively in the case
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___________________________________
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[ ] because of a disability, I am i
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e in the form required by Code, Fam
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(D) §5-3B-21 in an Independent Ado
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challenging the standing of the per
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In ruling on a petition for adoptio
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For the legal effect of adoption of
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Cross reference: See Code, Health-G
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exchanged by agreement. (b) Content
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new consent, the court can have a t
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handled under the Indian Child Welf
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(b) I was married to the mother of
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F. Effect of this Consent I UNDERST
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een taken away (guardianship has be
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If you or your child are members of
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CONSENT TO GUARDIANSHIP WITH THE RI
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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B. Right to Speak with a Lawyer You
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charges or fees for adoption counse
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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this document. B. Right to Speak wi
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of your child or for your agreement
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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Page 195 and 196: Social Services Administration of t
Page 199 and 200: CONSENT OF ________________________
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Page 205 and 206: knowledge, information, and belief.
Page 207 and 208: ___________________________________
Page 211 and 212: knowledge, information, and belief.
Page 213 and 214: terminate parental rights and adopt
Page 215 and 216: party; (5) past or current mental h
Page 217 and 218: REPORTER’S NOTE Proposed new Rule
Page 219 and 220: of child’s counsel. The terminolo
Page 221 and 222: their roles as parents or custodian
Page 223 and 224: waived or (2) placing the waiver or
Page 225 and 226: Each court should develop a compens
Page 227 and 228: Rule 2-504 is proposed to be amende
Page 229 and 230: They are not designed to be a basis
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Page 233 and 234: follows: MARYLAND RULES OF PROCEDUR
Page 235 and 236: Cross reference: See Md. Const., Ar
Page 237 and 238: Under the proposed amendment, excep
Page 239: The presence of a majority of the m
Page 243 and 244: Counsel to issue a subpoena to obta
Page 245 and 246: The Board may authorize a further i
Page 247 and 248: (l) Action by Commission The Commis
Page 249 and 250: (1) Upon application by Investigati
Page 253 and 254: 2. "Local administrative judge" mea
Page 255 and 256: (iii) The use of electronic or phot
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Page 259 and 260: 3. 6. Not more than one audio syste
Page 261 and 262: New language is proposed to be adde
Page 263 and 264: In addition to the mailed notice, t
Page 265 and 266: Upon payment in cash or by certifie
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Page 273 and 274: MARYLAND RULES OF PROCEDURE APPENDI
Page 281 and 282: issues. In light of this change, th
Page 283 and 284: REPORTER’S NOTE See the Reporter
Page 285 and 286: price as set forth in the report of
Page 287 and 288: should advise the client about thos
Page 289 and 290: follows: MARYLAND RULES OF PROCEDUR
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follows: MARYLAND RULES OF PROCEDUR
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follows: MARYLAND RULES OF PROCEDUR
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REPORTER’S NOTE Russell Butler, E
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(1) Contents (2) Exhibits (c) Petit
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The time for revocation of consent
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the guardian and a reference to the
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in compliance with the jurisdiction
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epresented. (4) §§5-3B-06 and 5-3
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court shall appoint an attorney who
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(Note to Drafter of Show Cause Orde
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participate effectively in the adop
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___________________________________
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[ ] I am the person to be adopted a
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The court shall order an investigat
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If the show cause order is served o
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of the presence of all persons othe
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Before entering a judgment of adopt
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the Department of Health and Mental
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If you are unable to afford a lawye
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consent form will also be filed in
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D. Notice ending (termination) of m
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________________________________ (C
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You have the right to speak with a
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1. The adoption agency does not pla
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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You have the right to speak with a
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I. Access to Birth and Adoption Rec
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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charges or fees for adoption counse
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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irth parents, my siblings, or I may
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CONSENT OF ________________________
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Human Resources for adoption search
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___________________________ _______
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disability is _____________________
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________________________________ (A
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