Md. Admin. Order of 2007-03-05 (Agreements for Liquidation of Law Practices)

IN THE COURT OF APPEALS OF MARYLAND

ADMINISTRATIVE ORDER AS TO AGREEMENTS

FOR LIQUIDATION OF LAW PRACTICES

WHEREAS, A judge-designate is allowed under Maryland Code, Courts and Judicial

Proceedings Article, § 1-203, to enter into an agreement with a law firm or successor in

practice for payment of the reasonable liquidated value of the judge-designate’s or -elect’s

law practice as of the date of its termination; and

WHEREAS, Prior to the Court of Appeals’ adoption of a new Code of Judicial

Conduct, effective July 1, 2005, former Rule 16-813, per Canon 4I (2), made presumptively

reasonable a five-year period for payments pursuant to such liquidated value agreements to

be received by judges and former Rule 16-814, per Canon 4I(3), suggested that certain

judicial appointees should file such agreements; and

WHEREAS, The Administrative Office of the Courts has recommended that the

presumption be continued for guidance of new judge-designates and -elects; and

WHEREAS, There exist circumstances in which the 5-year period may need to be

renewed;

NOW, THEREFORE, I, Robert M. Bell, Chief Judge of the Court of Appeals and

administrative head of the Judicial Branch, pursuant to the authority conferred by Article IV,

§ 18 of the Maryland Constitution, do hereby order this 5th day of March, 2007:

1. That, as to all agreements submitted to the Administrative Office of the Courts on or

after the date of this Order, a payment period of up to a maximum of 5 years is

presumptively reasonable;

ADMINISTRATIVE ORDER AS TO AGREEMENTS FOR LIQUIDATION OF LAW PRACTICES

2. That the Chief Judge of the Court of Appeals may renew the payment period on

application documenting the need for renewal;

3. That, by October 1, 2007, the Administrative Office of the Courts shall consider, and

make recommend to the Judicial Cabinet, whether:

A. This presumptive period should be made permanent by amendment of

Maryland Code, Courts and Judicial Proceedings Article, § 1-203 or by adoption of a rule;

and

B. A provision should be adopted by rule, statute, or otherwise, for the

filing of an agreement by a judicial appointee, as defined in the Terminology portion of

Maryland Rule 16-814, with the Administrative Office of the Courts or, in the case of judicial

appointees other than judges, the appointing court.

/s/ Robert M. Bell

Robert M. Bell

Chief Judge of the Court of Appeals

Filed: March 5, 2007

Alexander L. Cummings

Alexander L. Cummings

Clerk

Court of Appeals of Maryland