Rule 18-603 - Financial Disclosure Statement by Judges(a) Definitions. In this Rule, "judge means (A) an incumbent judge of the Court of Appeals, the Court of Special Appeals, a circuit court, the District Court, or an orphans' court and(B) an individual who, in the preceding calendar year, served as an incumbent judge of one of those courts or was a senior judge.(b) Requirement. Each judge and senior judge shall file with the State Court Administrator a financial disclosure statement in the form prescribed by the Court of Appeals. (c)When Due; Period Covered.(1)Generally. Except as provided in subsection (c)(2) of this Rule, the statement shall be filed on or before April 30 of each year and shall cover the preceding calendar year or that portion of the preceding calendar year during which the individual was a judge or a senior judge, except that a newly appointed or elected judge or a judge who leaves office shall file a statement within the time set forth in the instructions to the financial disclosure statement form.(2)Exception. If a judge or other individual who files a certificate of candidacy for nomination for an election to an elected judgeship has filed a statement pursuant to Code, General Provisions Article, § 5-610, the individual need not file a financial disclosure statement under this Rule for the same period of time. The State Court Administrator is designated as the individual to receive statements from the State Administrative Board of Election Laws pursuant to Code, General Provisions Article, § 5-610.(3)Presumption of Filing. A judge's or senior judge's financial disclosure statement is presumed to have been filed unless the State Court Administrator, no later than five days after the statement was due, notifies the judge or senior judge that the statement for the preceding calendar year or portion thereof was not received.(d) Extension of Time for Filing.(1)Application. Except when required to file a statement pursuant to Code, General Provisions Article, § 5-610, a judge or senior judge may apply to the State Court Administrator for an extension of time for filing the statement. The application shall be submitted prior to the deadline for filing the statement and shall set forth in detail the reasons an extension is requested and the date when a completed statement will be filed.(2)Decision. For good cause, the State Court Administrator may grant a reasonable extension of time for filing the statement. Whether the request is granted or denied, the State Court Administrator shall furnish the judge or senior judge and the Judicial Ethics Committee with a written statement of the reasons for the decision and the facts upon which the decision was based.(3)Review by Judicial Ethics Committee. A judge or senior judge may seek review of the State Court Administrator's decision by the Judicial Ethics Committee by filing with the Committee, within ten days after the date of the decision a statement of reasons for the judge's or senior judge's dissatisfaction with the decision. The Committee may take the action it deems appropriate with or without a hearing or the consideration of additional documents.(e)Failure to File Statement; Incomplete Statement.(1)Notice; Referral to Judicial Ethics Committee. The State Court Administrator shall (A) give written notice to each judge or senior judge who fails to file a timely statement or who files an incomplete statement and (B) in the notice, set a reasonable time, not to exceed ten days, for the judge or senior judge to file or supplement the statement. If the judge or senior judge fails to correct the deficiency within the time allowed, the State Court Administrator shall report the deficiency to the Judicial Ethics Committee.(2)Duties of Committee.(A) After an inquiry, the Committee shall determine whether (i) the judge or senior judge was required to file the statement or the omitted information was required to be disclosed, and (ii) if so, whether the failure to file or the omission of the required information was inadvertent or in a good faith belief that the judge or senior judge was not required to file the statement or to disclose the omitted information.(B) If the Committee determines that the judge or senior judge was not required to file the statement or disclose the omitted information, it shall notify the State Court Administrator and the judge or senior judge and terminate the inquiry.(C) If the Committee determines that the statement was required to be filed or that the omitted information was required to be disclosed but that the failure to do so was inadvertent or in a good faith belief that the filing or disclosure was not required, the Committee shall send notice of that determination to the State Court Administrator and the judge or senior judge and, in the notice, set a reasonable time, not to exceed 15 days, within which the judge or senior judge shall correct the deficiency.(D) If the Committee (i) finds that the statement was required to be filed or that the omitted information was required to be disclosed and that failure to file or disclose the omitted information was not inadvertent or in a good faith belief, or (ii) after notice was given pursuant to subsection (e)(2)(C) of this Rule, the judge or senior judge failed to correct the deficiency within the time allowed, the Committee shall report the matter to the Commission on Judicial Disabilities and notify the State Court Administrator and the judge or senior judge that it has done so.(f)Public Record. When filed, a financial disclosure statement is a public record.Md. R. Jud. & Judi. Appts. 18-603
This Rule is derived from former Rule 16-815(2016).
Adopted June 6, 2016, eff. 7/1/2016. Amended June 20, 2017, eff. 8/1/2017; Nov. 19, 2019, eff. 1/1/2020.HISTORICAL NOTES
2017 Orders
The June 20, 2017 order, deleted a definition of the term "former judge; revised the definition of the term "judge by changing a reference from a former judge to a senior judge; and made stylistic changes.