21.07.2013 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Upon receiving information from any source indicating that<br />

a judge may have a disability or may have committed sanctionable<br />

conduct, Investigative Counsel may open a file and make an<br />

inquiry. An inquiry may include obtaining additional information<br />

from the complainant and any potential witnesses, reviewing<br />

public records, obtaining transcripts of court proceedings, and<br />

communicating informally with the judge. Following the inquiry,<br />

Investigative Counsel shall (1) close the file and dismiss any<br />

complaint in conformity with section (b) (c) of this Rule or (2)<br />

proceed as if a formal complaint had been filed and undertake a<br />

preliminary investigation in accordance with section (d) (e) of<br />

this Rule.<br />

Committee note: An inquiry may include obtaining additional<br />

information from the complainant, reviewing public records,<br />

obtaining transcripts of court proceedings, and communicating<br />

informally with the judge.<br />

(e) Preliminary Investigation<br />

(1) If a complaint is not dismissed in accordance with<br />

section (c) or (d) of this Rule, Investigative Counsel shall<br />

conduct a preliminary investigation to determine whether there<br />

are reasonable grounds to believe that the judge may have a<br />

disability or may have committed sanctionable conduct.<br />

Investigative Counsel shall promptly inform the Board or<br />

Commission that the preliminary investigation is being<br />

undertaken.<br />

(2) Upon application by Investigative Counsel and for good<br />

cause, the Chair of the Commission may authorize Investigative<br />

-242-

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!