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ROBERT L. EHRLICH, JR., Governor
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Ch. 372
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THE RULES SHALL PROVIDE FOR DISCLOSURE OF INFORMATION TO THE STATE
MOTOR VEHICLE ADMINISTRATION AS NEEDED TO CORRECT DATA THAT THE
ADMINISTRATION PROVIDES.
COMMITTEE NOTE: This section is new language substituted for former CJ §§
8-201(c), 8-202(3), 8-212(b) and (c)(2), and 8-401(d), which required a
plan to detail the manner of disclosure of information to the State Board of
Elections and the time for disclosure of prospective jurors' names, stated
specific requirements, and created a criminal offense for disclosure. The
substitution is intended to ensure uniform procedures for disclosure of
juror information — not only to the State Board of Elections and parties to
challenges but, for example, to the health claims arbitration office under
revised CJ § 3-2A-03(c)(2) through rule instead of 24 jury plans, to govern
all "custodian[s]" and all jurors (whether prospective, qualified, or sworn),
and to reflect the addition of revised TR § 12-133(a)(2)(ii), as to
cooperation in keeping data accurate and current.
Defined terms: "Prospective juror" § 8-101
"Qualified juror" § 8-101
8-106. CONSTRUCTION.
(A) INHERENT AUTHORITY.
NOTHING IN THIS TITLE RESTRICTS THE INHERENT AUTHORITY OF A TRIAL
JUDGE WITH REGARD TO JURORS.
(B). POSTCONVICTION RELIEF.
EXCEPT AS TO A CONSTITUTIONAL QUESTION, NOTHING IN THIS TITLE
CONSTITUTES A GROUND FOR POSTCONVICTION RELIEF UNDER TITLE 7 OF THE
CRIMINAL PROCEDURE ARTICLE.
(C) UNIFIED QUALIFICATION AND SUMMONSING.
NOTHING IN THIS TITLE BARS A CIRCUIT COURT FROM USING A SINGLE
PROCEDURE FOR QUALIFICATION AND SUMMONSING AS ITS JURY PLAN
AUTHORIZES.
COMMITTEE NOTE: Subsection (a) of this section is new and added to state
expressly that inherent authority is not being restricted by statement of
specific instances in which an individual may be disqualified, excused, or
exempted from jury service or jury service may be postponed or by specific
procedures for punishment of contemptuous acts.
Subsection (b) of this section is new language derived without substantive
change from the second sentence of former CJ § 8-211(e).
Subsection (c) of this section is new language derived from former CJ §
8-208.1(a) and revised to require that a single procedure be authorized in
a jury plan. See revised CJ § 8-214.
As to "may not", see Art. 1, § 26 of the Code.
- 1961 -
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