Judge Nalley is now history. I have just received the following from the Office of Communications and Public Affairs of the Maryland Courts.
Good afternoon, Richard. I know you’ve been writing about Judge Nalley on your Access to Justice blog. To ensure that you have the most accurate and current information, I have attached an order from the Maryland Court of Appeals, which has rescinded Judge Nalley’s status as a recalled judge, effective September 5, 2014. He is no longer eligible to preside over any cases in the state.
The Order is here.
If I had known of the Order at the time of my blog post, I would obviously have written the prior post differently.
Congratulations are due to the Court for their speedy response, and for their tracking and responding to the news about this incident.
Obviously, questions remain about the recall process.
p.s. Perhaps my use of the phrase “speedy response” was over-hasty. The incident occurred on July 23, and was reported in the media at least as early as August 18. The removal of the judge is dated Sept 5.
The judiciary isn’t built for a speedy response, let alone public ones. Nalley’s Commission on Judicial Disabilities case from 2009 is only one of the six “recent” public actions appearing on the CJD site. (What the CJD, the AGC and the CA choose to make public in this regard only serves to make the disciplinary system seem like a bad joke, given the subject-matter of the actions. The last public discipline of a prosecutor, for instance, involved the guy getting in trouble primarily for letting a paramour use his paid leave for her absences.)
Richard thank you for bringing all of this to our attention. You are so right to remind us that following orders is never an excuse. I’m glad that Maryland has now done the right thing!
Thank you again for all that you do!
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