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.

of probation proceeding is proposed to be added following Rule 4-<br />

347 (e)(1). Proposed amendments to Rules 4-642 and 16-819 allow<br />

an interpreter to be present during grand jury proceedings under<br />

certain circumstances and add provisions concerning the<br />

appointment, oath, and compensation of the interpreter.<br />

Category Three includes a proposed amendment to Rule 7-112<br />

that allows an appellant to dismiss an appeal at any time before<br />

the commencement of trial, and a proposed amendment to Rule 8-423<br />

that expressly provides for the reduction of the amount of a<br />

supersedeas bond if the court makes specific findings justifying<br />

the amount.<br />

The proposals set forth in Category Four update the Rules in<br />

Title 9, Chapter 100 to conform them to Chapter 464, Acts of 2005<br />

(SB 710), which reorganized and revised the law pertaining to<br />

adoptions and guardianships that terminate parental rights. New<br />

Forms 9-102.1 through 9-102.10 for consents and attorney<br />

affidavits are proposed to follow Title 9. Also included in<br />

Category Four is a conforming amendment to Rule 1-101. For the<br />

Court’s reference, as an appendix to this Report, is an unmarked<br />

copy of Title 9, Chapter 100, showing the Rules as they would<br />

appear if the recommended changes are adopted.<br />

Based largely on provisions in the <strong>Maryland</strong> Standards of<br />

Practice for Court-Appointed Lawyers Representing Children in<br />

Custody Cases, approved and adopted by the Conference of Circuit<br />

Judges, Category Five consists of proposed new Rule 9-205.1<br />

(Appointment of Child’s Counsel), proposed new Appendix: <strong>Maryland</strong><br />

Guidelines for Practice for Court-Appointed Lawyers Representing<br />

Children in Cases Involving Child Custody or Child Access, and<br />

proposed amendments to Appendix: <strong>Maryland</strong> Lawyers’ Rules of<br />

Professional Conduct. The proposals contain procedures for the<br />

appointment of child’s counsel in custody and child access<br />

litigation and clarify the roles of child’s best interest<br />

attorney, child’s advocate attorney, and child’s privilege<br />

attorney. In conjunction with the Guidelines, the <strong>Maryland</strong><br />

Lawyers’ Rules of Professional Conduct are proposed to be amended<br />

by conforming language in the Preamble and Scope to the<br />

terminology used in the Introduction and Scope of the Guidelines<br />

and by adding commentary concerning conflicts of interest and a<br />

reference to the Guidelines in the Comments to Rules 1.7 and<br />

1.14, respectively.<br />

In Category Six are proposals relating to the Commission on<br />

Judicial Disabilities – proposed new Rule 16-804.1 and amendments<br />

to Rules 16-803, 16-804, 16-805, 16-806, and 16-808. The<br />

creation of a Judicial Inquiry Board and procedures governing its<br />

operation are intended to decrease the Commission’s involvement<br />

in the investigatory process as well as to facilitate early<br />

-5

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

Saved successfully!

Ooh no, something went wrong!