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

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

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

Counsel to issue a subpoena to compel the attendance of witnesses<br />

and the production of documents or other tangible things at a<br />

time and place specified in the subpoena. Promptly after service<br />

of the subpoena and in addition to any other notice required by<br />

law, Investigative Counsel shall provide to the judge under<br />

investigation notice of the service of the subpoena. The notice<br />

to the judge shall be sent by first class mail to the judge's<br />

address of record or, if previously authorized by the judge, by<br />

first class mail to an attorney designated by the judge.<br />

(2) The judge or the person served with the subpoena may file<br />

a motion for a protective order pursuant to Rule 2-510 (e). The<br />

motion shall be filed in the circuit court for the county in<br />

which the subpoena was served or, if the judge under<br />

investigation is a judge serving on that circuit court, another<br />

circuit court designated by the Commission. The court may enter<br />

any order permitted by Rule 2-510 (e). Upon a failure to comply<br />

with a subpoena issued pursuant to this Rule, the court, on<br />

motion of Investigative Counsel, may compel compliance with the<br />

subpoena.<br />

(3) To the extent practicable, a subpoena shall not divulge<br />

the name of the judge under investigation. Files and records of<br />

the court pertaining to any motion filed with respect to a<br />

subpoena shall be sealed and shall be open to inspection only<br />

upon order of the Court of Appeals. Hearings before the circuit<br />

-249-

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