Rule 19-741. Disposition -- generally.
(a) Oral Argument. Unless oral argument is waived by the parties, the Court shall set a date for oral argument. Oral argument shall be conducted in accordance with Rule 8-522.
(b) Review by Court of Appeals.
(1) Conclusions of Law. The Court of Appeals shall review de novo the circuit court judge's conclusions of law.
(2) Findings of Fact.
(A) If No Exceptions are Filed. If no exceptions are filed, the Court may treat the findings of fact as established.
(B) If Exceptions are Filed. If exceptions are filed, the Court of Appeals shall determine whether the findings of fact have been proved by the requisite standard of proof set out in Rule 19-727 (c). The Court may confine its review to the findings of fact challenged by the exceptions. The Court shall give due regard to the opportunity of the hearing judge to assess the credibility of witnesses.
(1) Generally. The Court of Appeals may order (A) disbarment, (B) suspension, (C) a reprimand, (D) placement on inactive status, (E) dismissal of the disciplinary or remedial action, or (F) a remand for further proceedings.
(2) If Suspension Ordered. The court may order a suspension for a fixed period of time or indefinitely. An order for indefinite suspension may provide that the attorney may not seek reinstatement until the expiration of a specified period.
Cross reference: For reinstatement, including reinstatement following a suspension for a fixed period, see Rules 19-751 and 19-752.
(d) Decision. The decision of the Court of Appeals is final. The decision shall be evidenced by an order which the clerk shall certify under the seal of the Court. The order may be accompanied by an opinion.
(e) Effective Date of Order. Unless otherwise stated in the order, an order providing for the disbarment, suspension, or reprimand of an attorney or the placement of an attorney on inactive status shall take effect upon its filing with the Clerk of the Court.
Cross reference: For duties of the Clerk of Court of Appeals upon entry of certain orders, see Rule 19-761.