Md. Admin. Order of 2023-03-22 (Adopting Rules of Procedure for Appellate and ...)

IN THE SUPREME COURT OF MARYLAND

REVISED ADMINISTRATIVE ORDER ADOPTING RULES OF PROCEDURE

FOR APPELLATE AND TRIAL COURTS

JUDICIAL NOMINATING COMMISSIONS

Whereas, on March 7, 2023, Governor Wes Moore issued Executive Order

01.01.2023.04, which rescinded Executive Order 01.01.2019.05 and provides for the

establishment and operation of judicial nominating commissions in the State; and

Whereas, it is appropriate for this Court to promulgate revised rules governing

the operation of judicial nominating commissions to be consistent with the terms of

Executive Order 01.01.2023.04;

Now, therefore, pursuant to the authority conferred by Article IV, §18 of the

Maryland Constitution, it is this 22nd day of March 2023, ORDERED:

1. The Administrative Order concerning judicial nominating commissions

dated May 28, 2019 is hereby rescinded. This Administrative Order is

effective immediately and applicable to any current or future vacancy. If

there is any inconsistency between the terms of this Administrative Order

and Executive Order 01.01.2023.04, the executive order shall prevail.

2. Definitions.

(a) “Executive Order” means Executive Order 01.01.2023.04, as

amended from time to time.

(b) “Secretariat” means the Administrative Office of the Courts.

3. Commission Members.

(a) The Secretariat is responsible for the orientation of commission

members, and for providing technical assistance in accordance

with the Executive Order.

(b) The Secretariat shall promptly inform the Governor and the

Supreme Court of Maryland whenever a vacancy occurs in the

membership of a commission, including a vacancy resulting from

failure to attend meetings, as provided in the Executive Order.

4. Publication of Judicial Vacancy.

(a) Upon receiving notification from the Secretariat that a vacancy

exists, or is about to occur in a judicial office for which a

commission is to make nominations, the Chairperson, in

consultation with the Secretariat, shall establish:

(1) a closing date by which applicants for the office must file

the personal data questionnaire or letter required under

paragraph 5 of this Order; and

(2) a date for an initial commission meeting to consider

nominations for the vacancy, which may not be sooner than

15 calendar days after the closing date.

(b) The Secretariat shall advise commission members of the date,

place, and time of the initial commission meeting and, to the extent

determinable, the number of meetings of the commission forecast

during the upcoming 12-month period.

(c) For each commission, the Secretariat shall:

(1) notify the Maryland State Bar Association and other

appropriate county and specialty bar associations of a

vacancy and request that they advertise the vacancy to their

membership;

(2) provide for appropriate newspaper notice of a vacancy

within the appellate judicial circuit or commission district

in which the vacancy exists, including information

identifying the nominating commission, explaining its

responsibilities and functions, and noting the closing date;

and

(3) have the notice posted on the Maryland Judiciary’s website.

5. Applications for Judicial Vacancies.

(a) Blank personal data questionnaires shall be made available through

the Secretariat, in downloadable format, on the Maryland

Judiciary’s website.

(b) Every completed questionnaire shall be filed with the Secretariat

on or before the date specified as the closing date in the public

notice advising of the vacancy.

(c) Following the closing date, the Secretariat promptly shall

distribute to each commission member a copy of every

questionnaire filed with the Secretariat.

(d) An individual who applies for a vacancy with a closing date that is

less than 2 years after the closing date for another vacancy for

which the individual applied and filed a complete personal data

questionnaire, need not file a complete new questionnaire. Instead,

such an individual may file with the Secretariat, by the closing

date, a letter stating that the individual is reapplying and setting

forth all changes that have occurred since the submission of the

applicant’s prior questionnaire. The Secretariat shall distribute any

such letters to commission members in the same manner as new

questionnaires.

(e) After the closing date, the Secretariat shall place a notice naming

the individuals who have filed a questionnaire or letter as required

under this paragraph (1) in at least one newspaper read by members

of the general public, and (2) on the Maryland Judiciary’s website.

The notice shall invite submission of written and signed comments

about those individuals to the commission, in care of the

Secretariat.

6. Evaluation of Applicants and Selection of Nominees.

(a) Each commission shall evaluate every individual who files a

questionnaire or letter with the Secretariat, as provided in

paragraph 5(b) and (d) above, in accordance with the terms of the

Executive Order.

(b) Immediately after the voting is completed, the Secretariat shall

count the votes in the presence of the voting members and then seal

the ballots for retention, as required by law.

7. Reasonable Accommodations

(a) Reasonable accommodations shall be made for qualified

commission members or judicial applicants with a disability

unless the accommodation would impose an undue hardship.

Examples of a reasonable accommodation include but are not

limited to: providing, adjusting, or modifying written materials,

equipment or devices; and making a readily-accessible facility

available for interviews.

8. Extant Rules and Regulations. Other rules or regulations heretofore

adopted by a judicial nominating commission remain in full force and

effect except to the extent inconsistent with this Order or the Executive

Order.

/s/ Matthew J. Fader

Matthew J. Fader,

Chief Justice

Supreme Court of Maryland

Filed: March 22, 2023

/s/ Gregory Hilton

Gregory Hilton, Clerk

Supreme Court of Maryland

Pursuant to the Maryland Uniform Electronic Legal Materials

Act (§§ 10-1601 et seq. of the State Government Article) this

document is authentic.

2023-03-22 08:14-04:00

Gregory Hilton, Clerk