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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 -6
litigation. The proposed amendments to Rules 1-202, 2-645, 2- 652, 4-214, and 5-615 are “housekeeping” only. For the guidance of the Court and the public, following each proposed rules change is a Reporter’s Note describing the reasons for the proposal and any changes that would be effected in current law or practice. We caution that these Reporter’s Notes were prepared initially for the benefit of the Rules Committee; they are not part of the Rules and have not been debated or approved by the Committee; and they are not to be regarded as any kind of official comment or interpretation. They are included solely to assist the Court in understanding some of the reasons for the proposed changes. JFM/LMS:cdc Respectfully submitted, Joseph F. Murphy, Jr. Chairperson Linda M. Schuett Vice Chairperson -7
Page 1 and 2: STANDING COMMITTEE ON RULES OF PRAC
Page 3 and 4: December 19, 2006 ONE HUNDRED FIFTY
Page 5: of probation proceeding is proposed
Page 9 and 10: MARYLAND RULES OF PROCEDURE TITLE 3
Page 11 and 12: Source: This Rule is derived from f
Page 13 and 14: Source: This Rule is derived from f
Page 15 and 16: of the amendment, whichever is late
Page 19 and 20: as of right; and (F) (H) any other
Page 27 and 28: REPORTER’S NOTE Chapter 534, Laws
Page 29 and 30: REPORTER’S NOTE See the Reporter
Page 33 and 34: Insurance Commissioner of Maryland
Page 37 and 38: Section (d) (c) is derived from for
Page 39 and 40: under Rule 4-345, or the defendant
Page 41 and 42: under Code, Criminal Procedure Arti
Page 43 and 44: -43- ______ ______ proven not prove
Page 45 and 46: custody, arrest, or detention of or
Page 47 and 48: contendere to a charge of a crime o
Page 49 and 50: to conform his or her conduct to th
Page 51 and 52: of us, but fewer than all 12, find
Page 53 and 54: We unanimously determine the senten
Page 57 and 58:
MARYLAND RULES OF PROCEDURE TITLE 4
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within 15 days after service of the
Page 61 and 62:
language of the proposed amendment
Page 63 and 64:
irregularity. If the appeal is rein
Page 65 and 66:
taking into consideration all relev
Page 67 and 68:
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(c) Service (d) Response (e) Hearin
Page 71 and 72:
Family Law Article, Titles 1 and 5
Page 73 and 74:
Page 75 and 76:
Agency Guardianship), Form 9-102.9
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(C) Notice The court shall send to
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(c) If I choose to seek the appoint
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child or I or my child's other biol
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the right to be notified when the p
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3. Right to Attorney. I understand
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adopt me and I will no longer be th
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had it read to me in a language tha
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in subsection (b)(2)(B)(iv) and add
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(H) If the person to be adopted is
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equired affidavits of translators o
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ehalf of each petitioner in connect
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e stated is known to a child placem
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affect the consent signed by the pe
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Promptly Upon upon the filing of a
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directs to be served. (B) If the pa
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e published at least one time in on
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IMPORTANT THIS IS A COURT ORDER. IF
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WHETHER THE PETITION REQUESTS ADOPT
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participate effectively in the case
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___________________________________
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[ ] because of a disability, I am i
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e in the form required by Code, Fam
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(D) §5-3B-21 in an Independent Ado
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challenging the standing of the per
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In ruling on a petition for adoptio
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For the legal effect of adoption of
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Cross reference: See Code, Health-G
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exchanged by agreement. (b) Content
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new consent, the court can have a t
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handled under the Indian Child Welf
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(b) I was married to the mother of
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F. Effect of this Consent I UNDERST
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een taken away (guardianship has be
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If you or your child are members of
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CONSENT TO GUARDIANSHIP WITH THE RI
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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B. Right to Speak with a Lawyer You
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charges or fees for adoption counse
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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this document. B. Right to Speak wi
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of your child or for your agreement
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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Social Services Administration of t
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CONSENT OF ________________________
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Human Resources for adoption search
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knowledge, information, and belief.
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___________________________________
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knowledge, information, and belief.
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terminate parental rights and adopt
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party; (5) past or current mental h
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REPORTER’S NOTE Proposed new Rule
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of child’s counsel. The terminolo
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their roles as parents or custodian
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waived or (2) placing the waiver or
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Each court should develop a compens
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Rule 2-504 is proposed to be amende
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They are not designed to be a basis
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whether because of minority, mental
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follows: MARYLAND RULES OF PROCEDUR
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Cross reference: See Md. Const., Ar
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Under the proposed amendment, excep
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The presence of a majority of the m
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complainant of the right to file a
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Counsel to issue a subpoena to obta
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The Board may authorize a further i
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(l) Action by Commission The Commis
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(1) Upon application by Investigati
Page 251 and 252:
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2. "Local administrative judge" mea
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(iii) The use of electronic or phot
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proceedings, and cases involving tr
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3. 6. Not more than one audio syste
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New language is proposed to be adde
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In addition to the mailed notice, t
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Upon payment in cash or by certifie
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estores the lawyer to good standing
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shall prepare, certify, and file wi
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Page 273 and 274:
MARYLAND RULES OF PROCEDURE APPENDI
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Page 277 and 278:
Page 279 and 280:
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issues. In light of this change, th
Page 283 and 284:
REPORTER’S NOTE See the Reporter
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price as set forth in the report of
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should advise the client about thos
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
REPORTER’S NOTE Russell Butler, E
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(1) Contents (2) Exhibits (c) Petit
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Page 301 and 302:
Page 303 and 304:
The time for revocation of consent
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Page 307 and 308:
the guardian and a reference to the
Page 309 and 310:
in compliance with the jurisdiction
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epresented. (4) §§5-3B-06 and 5-3
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court shall appoint an attorney who
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(Note to Drafter of Show Cause Orde
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participate effectively in the adop
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___________________________________
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[ ] I am the person to be adopted a
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The court shall order an investigat
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If the show cause order is served o
Page 331 and 332:
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of the presence of all persons othe
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Before entering a judgment of adopt
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the Department of Health and Mental
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If you are unable to afford a lawye
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consent form will also be filed in
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D. Notice ending (termination) of m
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________________________________ (C
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You have the right to speak with a
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1. The adoption agency does not pla
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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You have the right to speak with a
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I. Access to Birth and Adoption Rec
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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charges or fees for adoption counse
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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irth parents, my siblings, or I may
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CONSENT OF ________________________
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Human Resources for adoption search
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___________________________ _______
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disability is _____________________
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Page 409:
________________________________ (A
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