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

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Counsel to issue a subpoena to obtain evidence during a<br />

preliminary investigation.<br />

(3) During a preliminary investigation, Investigative Counsel<br />

may recommend to the Board or Commission that the complaint be<br />

dismissed without notifying the judge that a preliminary<br />

investigation has been undertaken.<br />

(3) (4) Unless directed otherwise by the Board or Commission<br />

for good cause, Investigative Counsel shall notify the judge<br />

before the conclusion of the preliminary investigation (A) that<br />

Investigative Counsel has undertaken a preliminary investigation<br />

into whether the judge has a disability or has committed<br />

sanctionable conduct; (B) whether the preliminary investigation<br />

was undertaken on Investigative Counsel's initiative or on a<br />

complaint; (C) if the investigation was undertaken on a<br />

complaint, of the name of the person who filed the complaint and<br />

the contents of the complaint; (D) of the nature of the<br />

disability or sanctionable conduct under investigation; and (E)<br />

of the judge's rights under subsection (e)(4) (e)(5) of this<br />

Rule. The notice shall be given by first class mail or by<br />

certified mail requesting "Restricted Delivery - show to whom,<br />

date, address of delivery" addressed to the judge at the judge's<br />

address of record.<br />

(4) (5) Except when Investigative Counsel has recommended<br />

that the complaint be dismissed without notifying the judge and<br />

the Board or Commission has accepted the recommendation, Before<br />

before the conclusion of the preliminary investigation,<br />

-243-

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