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MARYLAND RULES OF PROCEDURE TITLE 16 - COURTS, JUDGES, AND ATTORNEYS CHAPTER 700 - DISCIPLINE AND INACTIVE STATUS OF ATTORNEYS AMEND Rule 16-751 (a) to allow Bar Counsel to file a Petition for Disciplinary or Remedial Action without the prior approval of the Attorney Grievance Commission under certain circumstances, as follows: Rule 16-751. PETITION FOR DISCIPLINARY OR REMEDIAL ACTION (a) Commencement of Disciplinary or Remedial Action (1) Upon Approval of Commission Upon approval or direction of the Commission, Bar Counsel shall file a Petition for Disciplinary or Remedial Action in the Court of Appeals. (2) Conviction of Crime; Reciprocal Action If authorized by Rule 16-771 (b) or 16-773 (b), Bar Counsel may file a Petition for Disciplinary or Remedial Action in the Court of Appeals without prior approval of the Commission. Bar Counsel promptly shall notify the Commission of the filing. Cross reference: See Rule 16-723 (b)(7) concerning confidentiality of a petition to place an incapacitated attorney on inactive status. (b) Parties The petition shall be filed in the name of the Commission, which shall be called the petitioner. The attorney shall be called the respondent. -272-
(c) Form of Petition The petition shall be sufficiently clear and specific to inform the respondent of any professional misconduct charged and the basis of any allegation that the respondent is incapacitated and should be placed on inactive status. Source: This Rule is derived in part from former Rules 16-709 (BV9) and 16-711 b 2 (BV11 b 2) and is in part new. REPORTER’S NOTE The proposed amendments to Rules 16-751, 16-771, and 16-773 allow Bar Counsel to file a Petition for Disciplinary or Remedial Action without obtaining the prior approval of the Attorney Grievance Commission when an attorney has been convicted of a serious crime or, in another jurisdiction, disciplined or placed on inactive status. Proceeding without prior approval allows serious cases to proceed more quickly. Because there may be situations in which a more thorough investigation into the underlying facts of the discipline in another jurisdiction or conviction is warranted, the proposed amendments to Rules 16-771 and 16-773 give Bar Counsel discretion as to the filing of a Petition under proposed new subsection (a)(2) of Rule 16-751. -273-
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STANDING COMMITTEE ON RULES OF PRAC
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July 30, 2003 ONE HUNDRED FIFTY-SEC
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P. 26 (a)(3). New Committee notes p
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In Category Eleven are a proposed a
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For the guidance of the Court and t
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(c) After Dismissal by the District
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MARYLAND RULES OF PROCEDURE TITLE 3
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has jurisdiction for the purposes o
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whether a transfer will result in u
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action was not entitled to be trans
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notice of intention to defend or ot
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individual members of the class tha
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or complication in the presentation
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REPORTER’S NOTE The Rules Committ
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compromise shall be given to stockh
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contended that there is a genuine d
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When a ruling upon on a motion for
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motions. Cross reference: Rule 2-31
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of any insurance agreement under wh
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written report made by the expert c
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Subsection (f)(1) is derived in par
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allowed. The transcript may then be
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transcript was not signed and retur
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was present or represented at the t
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REPORTER’S NOTE The proposed dele
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decisions made at the conference. T
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REPORTER’S NOTE The proposed amen
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MARYLAND RULES OF PROCEDURE APPENDI
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REPORTER'S NOTE The proposed amendm
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may direct that prospective jurors
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one peremptory challenge for each g
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(c) Jury List Before the examinatio
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(g) (h) Designation of List of Qual
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The court shall appoint at least tw
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Proposed amendments to Rules 2-521
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to writing may be taken into the ju
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(c) "Verdict" Defined For purposes
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process is not made and the summons
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and time for trial of the action. W
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sufficient to allow the plaintiff t
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(5) A defendant who is served with
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Rule 4-216. PRETRIAL RELEASE (a) In
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Article, §5-202 (b), (c), (d), or
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or the alleged victim’s premises
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Recommendation of the Rules Committ
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commissioner's pretrial release det
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REPORTER’S NOTE The Pretrial Rele
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under subsection (e)(4)(B). A third
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copy of the notice shall be furnish
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REPORTER’S NOTE In his June 21, 2
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"Information" means a charging docu
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With the addition of the definition
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opportunity for hearing, may requir
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emoval shall designate the county t
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certain circumstances. (f) Allocuti
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(2) District Court Upon the entry o
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ond hereby secured remains undischa
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REPORTER’S NOTE The proposed amen
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disposition or a General Waiver and
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imprisonment; and I am not now a de
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company, unincorporated association
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_____________________________ _____
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personal representative and consent
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_______________________________ ___
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contents of the foregoing schedule
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writing, shall set forth the relief
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in the presence of the Register of
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otherwise delivers to the creditor
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Date: __________________ __________
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following form: [CAPTION] NOTICE OF
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3. I acknowledge that I must file a
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Modified Administration, the person
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Inventory and Account, as required,
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FINAL REPORT UNDER MODIFIED ADMINIS
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ATTACH ADDITIONAL SCHEDULES AS NEED
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which qualify the personal represen
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CONSENT TO EXTEND TIME TO FILE FINA
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Page 221 and 222: MARYLAND RULES OF PROCEDURE TITLE 6
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Page 267 and 268: nature, extent, and probable durati
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Page 289 and 290: (c) Refusal to Perform Ceremony A j
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REPORTER’S NOTE See the Reporter
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production to the court upon the re
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follows: MARYLAND RULES OF PROCEDUR
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Proof of service and mailing shall
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Proof of service and mailing shall
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9 malicious destruction of property
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peace order” or a “final peace
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circulation in the county in which
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an affidavit (A) that the person ha
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Additionally, the amendments requir
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things, it will prevent the practic
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injuries. Identify all persons with
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