The Commission is empowered to investigate complaints against Maryland judges. It receives, investigates, and hears these complaints. Formal complaints must be in writing and notarized, but no particular form is required. Individuals also may write or call the Commission to obtain information about how to file a complaint.
As it deems necessary, the Commission conducts hearings or takes informal action provided that the judge involved has been properly notified. To determine whether to initiate formal proceedings, the Commission conducts a preliminary investigation after which a hearing may be held regarding a judge's alleged misconduct or disability. If, as a result of these hearings, the Commission, by majority vote, decides that a judge should be retired, removed, censured, or publicly reprimanded, it recommends that course of action to the Court of Appeals. The Court of Appeals may order a more severe discipline of the judge than the Commission recommends. In limited situations, the Commission has the power to issue a reprimand. The Commission also supplies judicial nominating commissions with confidential information on reprimands to or charges pending against judges seeking nomination to judicial offices (Maryland Rules 16-803 through 16-811).
With Senate advice and consent, the Governor appoints the Commission's eleven members to four-year terms (Code Courts and Judicial Proceedings Article, secs. 13-401 through 13-403; Maryland Rule 16-804).
© Copyright Maryland State Archives