Proposed Changes to the U.S. District Court of Maryland’s Local Rules Affect Attorney Incapacity

U.S. District Court of Maryland – Proposed rule changes address attorney incapacity and professional responsibility.

Some key changes impacting attorneys have been proposed to the Local Rules for the U.S. District Court for the District of Maryland. Two of the proposed changes concern attorney incapacity, caused by issues such as illness, cognitive decline, mental health issues, and addiction.

Rule 705.3: The first proposed change affects Local Rule 705.3. This Rule governs the steps that an attorney must take if he or she has been subject to public discipline or was enjoined from the practice of law by any other state or federal court. The Rule currently provides that any attorney who falls within these categories must, within 30 days, inform the Clerk of the District Court of Maryland of the discipline and provide a copy of the document imposing the reprimand. Local Rule 705.3.a. After receiving notice, the District Court would impose the same discipline rendered by the other court, unless it “clearly appears” there was some fundamental issue with the process in which the discipline was imposed. Local Rule 705.3.d. When seeking reinstatement, an attorney who was suspended for 90 days or less must only file an affidavit of compliance to be reinstated automatically; whereas an attorney suspended for more than 90 days must petition for reinstatement.

The proposed changes would expand the procedure outlined above to an attorney who was “transferred to disability inactive status” by any other court. This means that the attorney would be required to alert the Clerk, that the attorney would be subject to the same change of status, and that the attorney must petition for reinstatement. This is a notable change because being transferred to disability status is not considered discipline within the Maryland Rules of Professional Conduct. Md. Rule 19-739 provides that transferring to inactive status is appropriate if the attorney “has a physical or mental disability or impairment that adversely affects the attorney’s ability to practice law[.]” Although not a form of discipline, transfer to disability inactive status “is designed to ensure the protection of the public and, to the extent possible, rehabilitation of the attorney.” Id. This procedure is used in cases of degenerative or cognitive decline in attorneys, as well as for attorneys facing more “temporary” issues, such as issues with substance abuse or a mental health crisis.

Rule 706: Local Rule 706 would be a new addition to the local rules and creates a procedure for when the Court becomes aware 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.” Proposed Local Rule 706.1.a.

Under the proposed rule, when the Disciplinary and Admissions Committee becomes aware of an alleged incapacity as defined above, then the Committee must conduct an investigation. Proposed Local Rule 706.1.a. If the Committee finds no basis for the allegations of incapacity, then it may dismiss the matter and inform the attorney by letter. Proposed Local Rule 706.1.a. Unless there are formal disciplinary proceedings against the attorney, the attorney may “elect to transfer voluntarily to disability inactive status at any point during an investigation of an attorney’s incapacity[],” and may apply for reinstatement as explained above in Proposed Local Rule 705.3. Proposed Local Rule 706.1.b.

After the investigation, if the Committee finds that the attorney is unable to fulfill his or her professional obligations as a result of the alleged incapacity, then the Committee will recommend that the Court issue a show cause order, requiring the attorney to show cause within 30 days why he or she should not be transferred to disability inactive status. Proposed Local Rule 706.1.c. The attorney may request a hearing, or the Court may order one on its own initiative. Proposed Local Rule 706.1.c. The final decision may also be made without a hearing. Proposed Local Rule 706.1.d. After the hearing, a judge will prepare a report and recommendation, which is then reviewed by the Disciplinary and Admissions Committee. The Committee then recommends to a judge whether the attorney should be transferred to disability inactive status, and the judge then makes the final determination. Proposed Local Rule 706.1.d.i. These proceedings are confidential unless otherwise ordered in a final order entered by the Court. Proposed Local Rule 706.3. The report prepared by the investigator outlined above should not be publicly disclosed without prior approval by the Disciplinary and Admissions Committee.

In the event of an alleged incapacity that poses an immediate threat of causing death or bodily harm to self or others, substantial injury to the financial interest of self or others, or substantial harm to the administration of justice, then the Committee can recommend that the Court immediately transfer the attorney to disability inactive status, pending an investigation outlined above. Proposed Local Rule 706.2.a. The attorney is given the chance to respond as outlined above, and he or she just remains on disability inactive status in the meantime. Proposed Local Rule 706.2.b.-d.

Comments on the proposed rules must be submitted by June 1, 2025, to be considered. If you are facing disciplinary action or transfer to inactive disability status and have questions about how these changes will affect you, reach out to the legal ethics team with Carr Maloney.

• Kelsey Williams (kelsey.williams@carrmaloney.com), or

• Sarah Conkright (sarah.conkright@carrmaloney.com). By: Kelsey Williams and Sarah Conkright.