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Rule 4-361 – Disability of Judge

May 13, 2021 | Criminal Prodcedure, Maryland

(a) After Verdict or Acceptance of Plea. If by reason of termination of office, death, sickness, or other disability, the judge before whom a defendant has been tried or by whom a plea of guilty or nolo contendere has been accepted is unable to perform an act or duty of the court after verdict or after acceptance of a plea, any other judge authorized to act in that court may sentence the defendant and perform any other act or duty if satisfied that he or she can properly do so.
(b) During Jury Trial in Circuit Court. If by reason of termination of office, absence, death, sickness, or other disability, the judge before whom a jury trial in circuit court has commenced is unable to proceed with the trial, any other judge authorized to act in that court upon certifying that he or she has become familiar with the record of the trial, may proceed with and finish the trial.

Md. Crim. Causes. 4-361

This Rule is derived as follows:

Section (a) is derived from former Rule 750 b and M.D.R. 750.

Section (b) is derived from former Rule 750 a.

Adopted April 6, 1984, eff. July 1, 1984. Amended Jan. 8, 2002, eff. Feb. 1, 2002.

HISTORICAL NOTES

2002 Orders

The January 8, 2002, order amended the cross reference following section (b).

Code, Criminal Procedure Article, ยง 6-224. .