The Law Mind

Attorney Incapacity

D. Md. Rule 706

2. Expedited Procedure U.S. District Court of Maryland Local Rules (December 1, 2025) 705.1.b. If the Disciplinary and Admissions Committee finds no basis for the alleged incapacity, it may dismiss the matter and notify the attorney-respondent by letter. b) Voluntary Transfer to Disability Inactive Status Unless the Court has initiated formal disciplinary proceedings under L.R. 705.1.c, the attorney-respondent may elect to transfer voluntarily to disability inactive status at any point during an investigation of the attorney’s incapacity. An attorney transferred to disability inactive status must apply for reinstatement under L.R. 705.4 prior to returning to active status. Transfer to disability inactive status shall not preclude the Court from proceeding under L.R. 705.1 with respect to any alleged misconduct by the attorney-respondent. c) Initiation of Formal Proceedings After its investigation, if the Disciplinary and Admissions Committee determines that the attorney-respondent is unable to fulfill any professional obligations because of a physical or mental disability, infirmity or incapacity, substance abuse, or other impairment, the Disciplinary and Admissions Committee shall recommend that the Court issue an order requiring the attorney-respondent to show cause within thirty (30) days after service of the order why the attorney-respondent should not be transferred to disability inactive status. If an attorney-investigator was appointed, a copy of the attorney-investigator’s report shall accompany the show cause order. If the attorney-respondent’s response includes a request for a hearing, or if the Court on its own initiative determines that a hearing is necessary, the matter shall be assigned for a prompt hearing as provided for in L.R. 705.1.d. d) Recommendation and Final Action i) Following the hearing, the presiding judge or panel of judges shall prepare a report and recommendation for consideration by the Disciplinary and Admissions Committee. The Disciplinary and Admissions Committee shall then recommend whether the attorney should be transferred to disability inactive status for consideration by the Court. The Court will determine the final action in the matter, and the Chief Judge will issue an appropriate order on behalf of the Court. ii) If no hearing is held, the Disciplinary and Admissions Committee shall make a recommendation to the Court as to whether the attorney should be transferred to disability inactive status. The Court will review the Committee’s recommendation and determine final action in the matter. The Chief Judge will then issue an appropriate order on behalf of the Court. 2. Expedited Procedure a) Upon receipt of information that because of a physical or mental disability, infirmity or incapacity, substance abuse, or other impairment, an attorney poses an immediate
Official source: https://www.mdd.uscourts.gov/sites/mdd/files/LocalRules.pdf · retrieved 2026-07-23