1. PURPOSE OF THE COMMISSION.

The Maryland Commission on Judicial Disabilities (“Commission”) was established by Constitutional Amendment in 1966 in response to a growing need for an independent body to assist in monitoring the conduct of Maryland judges. Subsequent Constitutional Amendments strengthened the Commission, clarified its powers, and added 4 additional members of the public to the Commission. The Constitution requires the Court of Appeals to adopt rules for the implementation and enforcement of the Commission’s powers and the practice and procedures before the Commission.

The Maryland Constitution gives the Commission “the power to:

(i) Investigate complaints against any judge of the Court of Appeals, any intermediate courts of appeal, the circuit courts, the District Court of Maryland, or the orphans’ court; and
(ii) Conduct hearings concerning such complaints . . .”

Further, the Maryland Rules give the Commission the authority to dismiss complaints, enter into private reprimand and deferred discipline agreements, and if it “finds by clear and convincing evidence that the judge has a disability or has committed sanctionable conduct, it shall either issue a public reprimand for the sanctionable conduct or refer the matter to the Court of Appeals. . .” with the recommendation of the Commission as to the sanction to be imposed against the judge.

2. STRUCTURE OF THE COMMISSION.

The Commission has a “two-level” type of structure in which complaints against judges are investigated by the Commission’s Investigative Counsel and brought first to the Commission’s Judicial Inquiry Board (“Board”) (first level) and then to the Commission Members (second level) with a submission of a report, including recommendation, by the Board.

Commission Members
The Commission Members consist of 11 persons appointed by the Governor of Maryland, by and with the advice and consent of the State Senate:

• 3 judges (1 appellate judge, 1 circuit court judge, 1 district court judge)
• 3 lawyers, each admitted to the Maryland bar and so engaged for at least 7 years
• 5 public members, none of whom is a lawyer or active or retired judge.
  The term of office of each Commission Member is 4 years, plus possible reappointment for additional terms with a maximum total of 10 years as a Member.

Board Members
The Board consists of 7 persons, 2 judges, 2 lawyers and 3 public members who are not lawyers or judges. Each Board Member is appointed by the Commission Members for a term, the initial Board consists of 3 Board Members having a 4-year term and 4 Board Members having a 2-year term.

3. MATTERS OUTSIDE COMMISSION’S AUTHORITY.

The Commission has no authority to investigate complaints against masters, examiners, Federal Judges, lawyers, police, court personnel, or State’s Attorneys. The Commission does not have appellate authority and therefore cannot review, reverse, or modify a legal decision or other court action taken by a judge. The Commission cannot affect the progress or outcome of a case. The Commission cannot disqualify a judge from presiding over a particular case.