D. Md. L.R. 706.1

a) Allegations of Incapacity

If the Court’s Disciplinary and Admissions Committee learns that an attorney may be

unable to fulfill any professional responsibilities because of a physical or mental disability,

infirmity or incapacity, substance abuse, or other impairment, the Disciplinary and

Admissions Committee shall conduct an investigation. The investigation may include a

recommendation that the Court appoint an attorney-investigator as provided for in L.R.

705.1.b. If the Disciplinary and Admissions Committee finds no basis for the alleged

incapacity, it may dismiss the matter and notify the attorney-respondent by letter.

b) Voluntary Transfer to Disability Inactive Status

Unless the Court has initiated formal disciplinary proceedings under L.R. 705.1.c, the

attorney-respondent may elect to transfer voluntarily to disability inactive status at any point

during an investigation of the attorney’s incapacity. An attorney transferred to disability

inactive status must apply for reinstatement under L.R. 705.4 prior to returning to active

status. Transfer to disability inactive status shall not preclude the Court from proceeding

under L.R. 705.1 with respect to any alleged misconduct by the attorney-respondent.

c) Initiation of Formal Proceedings

After its investigation, if the Disciplinary and Admissions Committee determines that the

attorney-respondent is unable to fulfill any professional obligations because of a physical or

mental disability, infirmity or incapacity, substance abuse, or other impairment, the

Disciplinary and Admissions Committee shall recommend that the Court issue an order

requiring the attorney-respondent to show cause within thirty (30) days after service of the

order why the attorney-respondent should not be transferred to disability inactive status. If

an attorney-investigator was appointed, a copy of the attorney-investigator’s report shall

accompany the show cause order. If the attorney-respondent’s response includes a request

for a hearing, or if the Court on its own initiative determines that a hearing is necessary, the

matter shall be assigned for a prompt hearing as provided for in L.R. 705.1.d.

d) Recommendation and Final Action

i) Following the hearing, the presiding judge or panel of judges shall prepare a

report and recommendation for consideration by the Disciplinary and

Admissions Committee. The Disciplinary and Admissions Committee shall then

recommend whether the attorney should be transferred to disability inactive

status for consideration by the Court. The Court will determine the final action

in the matter, and the Chief Judge will issue an appropriate order on behalf of

the Court.

ii) If no hearing is held, the Disciplinary and Admissions Committee shall make a

recommendation to the Court as to whether the attorney should be transferred

to disability inactive status. The Court will review the Committee’s

recommendation and determine final action in the matter. The Chief Judge will

then issue an appropriate order on behalf of the Court.