Rule 18-601 - Judicial Leave(a)Scope of Rule; Definitions. This Rule, applies to judges of the Court of Appeals, the Court of Special Appeals, a circuit court, and the District Court. In this Rule, (1) "qualifies or "qualified means when a judge, having received a commission, timely takes the oath of office and signs the appropriate test book; and (2) "Policy on Judicial Absences means the policy on judicial absences approved in accordance with section (b) of this Rule.(b)Policy on Judicial Absences. The State Court Administrator shall develop and submit to the Court of Appeals for its consideration and approval a Policy on Judicial Absences. Upon approval by the Court, the Policy shall be implemented.(c)Annual Leave.(1)Generally. Subject to sections (g) and (h) of this Rule, a judge is entitled to annual leave of not more than 27 working days. The leave accrues as of the first day of the calendar year, except that: (A) during the first year of a judge's initial term of office, annual leave accrues at the rate of 2.25 days per month accounting from the date the judge qualifies for office, and(B) during the calendar year in which the judge retires, annual leave accrues at the rate of 2.25 days per month to the date the judge retires.(2)Accumulation. A judge may accumulate and carry over not more than ten working days of unused annual leave in any one calendar year and not more than 20 working days of unused annual leave in the aggregate.(d)Personal Leave.(1)Generally. In addition to the annual leave provided in section (c) of this Rule, a judge is entitled to six days of personal leave in each calendar year. Personal leave accrues on the first day of each calendar year. Any personal leave unused at the end of the calendar year is forfeited.(2)First Calendar Year of Initial Term. During the first calendar year of a judge's initial term, the judge is entitled to: (A) six days of personal leave if the judge qualified for office in January or February;(B) five days of personal leave if the judge qualified for office in March or April;(C) four days of personal leave if the judge qualified for office in May or June; or(D) three days of personal leave if the judge qualified for office on or after July 1;(E) two days of personal leave if the judge qualified for office in September or October; or(F) one day of personal leave if the judge qualified for office in November or December.(e)Sick Leave.(1)Generally. In addition to the annual leave and personal leave as provided for in this Rule, a judge: (A) subject to verification in accordance with the Policy on Judicial Absences, is entitled to unlimited sick leave for any period of the judge's illness or temporary disability that precludes the judge from performing judicial duties; and(B) may take a reasonable amount of sick leave (i) for the judge's medical appointments; (ii) due to the illness or disability of family members; or (iii) upon the birth of the judge's child, adoption of a child by the judge, or the foster care placement of a child with the judge, all subject to the procedures, conditions, and limitations in the Policy on Judicial Absences.(2)Limitation. Sick leave used for the purposes allowed by subsections (e)(1)(B)(ii) and (iii) of this Rule, together with annual leave and personal leave taken for purposes of subsections (e)(1)(B)(ii) and (iii) of this Rule may not exceed an aggregate total of 12 weeks for the calendar year. Committee note: The authority of the Commission on Judicial Disabilities with respect to a disability as defined in Rule 18-401(h) is not affected by this Rule.
(f) Consecutive Appointment. A judge who is appointed or elected as a judge of another Maryland court and whose term on the second court begins immediately following service on the first court has the same leave status as though the judge had remained on the first court.(g)Termination of Judicial Service. A judge whose judicial service is terminated for any reason and who is not appointed or elected to another Maryland court without break in service, loses any annual or personal leave unused as of the date of termination of service.(h) When Annual or Personal Leave May be Taken; Exercise of Discretion.(1)Generally. A judge's annual leave and personal leave shall be taken at the time or times prescribed or permitted: (A) if the judge is a judge of an appellate court, by the Chief Judge of that court;(B) if the judge is a judge of a circuit court, by the Circuit Administrative Judge; or(C) if the judge is a judge of the District Court, by the Chief Judge of that court.(2)Exercise of Discretion. In determining when a judge may take annual leave and for what period of time, the judge exercising administrative authority under this Rule shall be mindful of the necessity of retention of sufficient judicial staffing in the court or courts under the judge's administrative authority to permit at all times the prompt and effective disposition of the business of that court or those courts. Subject to subsection (h)(3) of this Rule, a request for leave at a certain time or for a certain period of time may be rejected by the judge exercising administrative authority if the granting of the requested leave would prevent the prompt and effective disposition of business of that court or those courts.(3)Limitation on Discretion. Where a sufficient leave balance exists, annual or personal leave requested for observance of a religious holiday may not be denied.Cross reference: See 100 Op. Att'y Gen. 136 (2015).
(i)Other Excused Absences. A judge's entitlement to any other excused absence, including administrative leave, shall be as prescribed in the Policy on Judicial Absences and shall be subject to the procedures, conditions, and limitations set forth in that document.(j)Reports to State Court Administrator. Each judge shall report to the State Court Administrator in the manner and form and at the times specified by the State Court Administrator the leave taken by the judge.(k)Supervision by Chief Judge of the Court of Appeals. The operation of this Rule is at all times subject to the supervision and control of the Chief Judge of the Court of Appeals.Md. R. Jud. & Judi. Appts. 18-601
This Rule is derived from former Rule 16-104(2016).
Adopted June 6, 2016, eff. 7/1/2016. Amended Dec. 13, 2016, eff. 4/1/2017.HISTORICAL NOTES
2016 Orders
The December 13, 2016, order added a statement of the scope of the Rule; deleted a certain definition and added two definitions; provided for the development, approval, and implementation of a policy on judicial absences; deleted an obsolete subsection; modified provisions pertaining to personal leave entitlement during the first calendar year of the initial term of certain judges; revised a provision pertaining to the use of leave for observance of religious holidays; provided for certain reports to the State Court Administrator; and made stylistic changes.