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agent, employee, or consultant of the attorney, make the
recording available to any person not entitled to it pursuant to
this section.
. . .
REPORTER’S NOTE
On behalf of the Commission on Judicial Disabilities, Steven
P. Lemmey, Esq., Investigative Counsel, has requested a change to
Rule 16-406 c that would permit the Commission access to
videotape recordings of proceedings in the Maryland circuit
courts. Mr. Lemmey points out that the Committee note to Rule
16-805, Complaints; Preliminary Investigations, provides that
Investigative Counsel may obtain transcripts of court
proceedings. He states that after reading written transcripts,
listening to audiotapes, or viewing videotapes, the Commission
often is able to determine that the complaint against a judge
lacks merit, and the case is dismissed. Some Maryland
jurisdictions are not making the videotapes available to the
Commission, and the requested change to Rule 16-406 would make it
clear that the Commission has a right to obtain a copy of the
videotapes of proceedings in circuit court.
Although a comprehensive overhaul of Rule 16-406 may be
necessary as a result of the recommendations of a committee of
the Court currently studying the topic of access to court
records, the Rules Committee believes that the Commission’s
request merits consideration prior to the completion of that
study.
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