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

esolution of complaints under the standards of Rule 16-807.
Additionally, the proposed changes include an amendment to Rule
16-804 (e) that allows the Commission to transact business, other
than a hearing on charges held pursuant to Rule 16-808 (i), by
telephone or video conferencing.
Category Seven contains proposed amendments to other Rules
in Title 16, together with related amendments to Rule 9-203 and
the Maryland Code of Conduct for Court Interpreters. Proposed
amendments to Rule 16-109 clarify the Rule, update the
technological aspects of it, and add a new section that
delineates the roles of the presiding judge and the
administrative judge in making decisions concerning extended
coverage. Proposed amendments to Rules 16-811 and 16-903 replace
“rescission” terminology with the concept of restoration of the
lawyer to good standing upon compliance with the requirements of
the applicable Rule. Additionally, the amendments to Rule 16-811
eliminate “decertification” terminology from the Rule and replace
it with a “temporary suspension” of the noncompliant lawyer who,
upon being served with a copy of the temporary suspension order,
must comply with the requirements of Rule 16-760 (c). Amendments
to Rule 16-819 (e) and Canon 11 of the Maryland Code of Conduct
for Court Interpreters are proposed to facilitate the prompt
removal of an interpreter from a proceeding when a problem with
the interpreter arises in the middle of a hearing or trial and to
modify provisions pertaining to removal of an interpreter from
the list of court interpreters maintained by the Administrative
Office of the Courts. Proposed amendments to Rules 16-1002, 9-
203, and 16-1006 clarify when a court record that otherwise is
not subject to public inspection, including a financial statement
filed pursuant to Rule 9-202, becomes open to inspection upon its
use as an exhibit.
In Category Eight there are nine miscellaneous proposed
changes. Rule 1-104 is proposed to be amended by the addition of
a Committee note concerning a request that an unreported opinion
be designated for reporting. Rule 16-805.1 is proposed to be
amended by the addition of a cross reference to Rule 1-104. Rule
14-206 is proposed to be amended to set at $25,000 the initially
required bond in a sale of property to foreclose a lien when the
property is sold to the lienholder or the lienholder’s designee;
if the property is sold to someone else, the initially required
bond amount would be the sale price as set forth in the report of
sale. A proposed amendment would also allow the lienholder to
designate in a writing filed in the proceeding a person to take
title on the lienholder’s behalf, without the necessity of a
motion to substitute purchaser. Maryland Lawyers’ Rules of
Professional Conduct, Comment 5 of Rule 2.1 is proposed to be
amended to encourage informed discourse between a lawyer and
client whenever, in the opinion of the lawyer, alternative
dispute resolution may be an appropriate option in lieu of
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