Is A Judicial Reprimand Reviewable?

The Maryland Court of Appeals heard oral argument last week on an interesting issue relating to judicial discipline – whether the Court has review authority of a reprimand issued by the Commission on Judicial Disabilities. 

The video of the argument is linked here.

The reprimand involves findings of rude, disrespectful and unprofessional behavior toward an attorney. The Commission further found that the judge had failed to recuse herself from the case after admitting bias against the litigant.

The judge’s answer to the allegations is linked here. 

The judge was named Judge of the Year  by the Maryland Access to Justice Commission in 2014.

The commission clearly has the authority to impose a reprimand. The question is whether the Court may review the exercise of that authority.

In D.C. bar discipline matters, the Board on Professional Responsibility has that same reprimand power.

My fading memory does not recall any instance of an attempt by either Bar Counsel or a respondent to appeal a Board reprimand. However (and unlike here), the court has by rule empowered itself to review any disposition in a bar discipline matter.

It would be a discretionary review rather than an appeal of right. (Mike Frisch)