In the Matter of the Hon. Devy Patterson Russell ( 2019 )

IN THE COURT OF APPEALS
OF MARYLAND
Judicial Disabilities Docket No. 1
September Term, 2019
______________________________________
IN THE MATTER OF THE
HONORABLE DEVY PATTERSON RUSSELL,
JUDGE OF THE DISTRICT COURT OF MARYLAND
FOR BALTIMORE CITY, DISTRICT ONE
______________________________________
McDonald
Hotten
Getty
Booth
Greene, Clayton, Jr. (Senior Judge,
Specially Assigned)
Harrell, Glenn T., Jr. (Senior Judge,
Specially Assigned)
Eyler, Deborah S. (Senior Judge,
Specially Assigned),
JJ.
______________________________________
Pursuant to Maryland Uniform Electronic Legal
Materials Act
ORDER
(§§ 10-1601 et seq. of the State Government Article) this document is authentic.
2019-10-21 16:33-04:00 ______________________________________
Filed: October 21, 2019
Suzanne C. Johnson, Clerk
In the Matter of the * In the
Honorable Devy Patterson Russell, * Court of Appeals
Judge of the District Court * of Maryland
of Maryland for Baltimore City, * JD Docket No. 1, September Term 2019
District One *
ORDER
WHEREAS, the Maryland Commission on Judicial Disabilities, pursuant to
Maryland Rule 18-435, referred to this Court its findings, the record, and its
recommendation as to sanction in In the Matter of the Honorable Devy Patterson Russell,
Judge of the District Court of Maryland for Baltimore City, District One, Case No. CJD
2018-009, for the Court’s consideration pursuant to Maryland Rule 18-437, and
WHEREAS, Judge Russell has filed a Motion to Dismiss on grounds of mootness
in light of her resignation from the bench, effective September 25, 2019,
WHEREAS, the Commission has filed an opposition to the motion arguing that the
matter is not moot and has suggested that the case be held sub curia in the event Judge
Russell should seek judicial office,
WHEREAS, Judge Russell was previously suspended without pay from judicial
office for no less than six months by this Court on June 30, 2019, in JD Docket No. 1
(September Term 2018) with her reinstatement as a judge subject to her fulfillment of
various conditions,
WHEREAS, Judge Russell’s ability to hold judicial office would be subject to
fulfillment of the conditions in JD Docket No. 1 (September Term 2018),
WHEREAS, Judge Russell has declared in her Motion to Dismiss that she will not
seek recall as a senior judge or appointment to a judicial office,
WHEREAS, the Court of Appeals finds that this matter is not moot, but that in light
of the conditions imposed in JD Docket No. 1 (September Term 2018), and Judge Russell’s
pledge not to seek recall as a senior judge or appointment to judicial office, it is in the
interest of justice to dismiss this matter without prejudice, it is this 21st day of October
2019,
ORDERED, by the Court of Appeals of Maryland, that this matter is dismissed
without prejudice.
/s/ Robert N. McDonald
________________________________________________________________________________
Senior Judge