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Re: CONFIDENTIAL: 04-25-90084(L), Response to July 31, 2025, email

FROM

ryan@mxt3.com

TO

4CCA-JudicialComplaints@ca4.uscourts.gov

DATE

2025-08-04 15:00

Summary

Re: CONFIDENTIAL: 04-25-90084(L), Response to July 31, 2025, email. Attached is "500-summary-v3m2.pdf". Pages 1–4 quotes Exhibits 803W which quoted "Rules for Judicial-Conduct and Judicial-Disability Proceedings R.3(c), in relative part states "A “complaint” is: a document that... or information from any source, other than a document described in (c)(1), that gives a chief judge probable cause to believe that a covered judge, as defined in Rule 1(b), has engaged in misconduct or may have a disability, whether or not the information is framed as or is intended to be an allegation of misconduct or disability." Quoted Local Rule 18(b) then quotes 803X letter before adding "Circuit Judge J. Harvie Wilkinson III’s show cause order stated that “no evidence” had been provided, after copying and pasting a substantial portion of the order indicating that the Judicial Council had made a determination in the complaint concerning the Circuit Court and other District Court judges. This firmly establishes that the complaint was not found to be impaired in form such that it would adversely affect its review by the Judicial Council, and that you received the emails containing the complaint and related documents for both the new complaint and the request for review. Thank you for demonstrating that the previously filed complaint satisfied the form requirement and Local Rule 18(b). It would be contradictory to reject it in one instance and accept it in another—particularly since it was already accepted, with the only issue raised at the time being the ambiguity identified under Rule 18(e). Pursuant to Rules for Judicial-Conduct and Judicial-Disability Proceedings R. 18(c): Receipt and Distribution of Petition. A circuit clerk who receives a petition for review filed in accordance with this Rule must: · acknowledge its receipt and send a copy to the complainant or subject judge, as the case may be; promptly distribute to each member of the judicial council, or its relevant panel, except for any member disqualified under Rule 25, or make available in the manner provided by local rule, the following materials: o copies of the complaint; all materials obtained by the chief judge in connection with the inquiry; the chief judge’s order disposing of the complaint; any memorandum in support of the chief judge’s order; the petition for review; and an appropriate ballot; and send the petition for review to the Committee on Judicial Conduct and Disability. Unless the Committee on Judicial Conduct and Disability requests them, the circuit clerk will not send copies of the materials obtained by the chief judge. To Summarize: 1) My original request for review was received and acknowledged as having been filed within the time allowed. 2) The complaint was accepted in its submitted form for the Fourth Circuit and other District of Maryland judges. 3) You stated there was ambiguity concerning its intended purpose of being for review of the complaint against Brendan A. Hurson. 4) I received an order stating that the Judicial Council had made a determination regarding the complaint against the Fourth Circuit and other District of Maryland judges. 5) Circuit Judge J. Harvie Wilkinson III copied and pasted a substantial portion of that order into his own order demanding that I show cause, asserting there was “no evidence.” 6) I requested a copy of what was reviewed from Circuit Judge J. Harvie Wilkinson III, and you responded with the apparent authority of acting as his designee with a de facto ruling that declined to provide me with a copy of what was reviewed. 7) I filed my response to the Rule 18(e) order, which claimed there was ambiguity regarding my intent to seek review by the Judicial Council and explicitly stated my intentions. 8) You have confirmed that I filed a timely response and acknowledged that you understood I intended to seek review of the complaint against Brendan A. Hurson by the Judicial Council. As the complaint has already been accepted in its submitted form, and the ambiguity has been acknowledged as having been addressed in a timely manner, I have complied with all prescribed requirements within the applicable timeframe. Rule 18(c) mandates that you, as the Court Clerk, take prompt action and facilitate the distribution of the complaint and all materials to the judicial council. As this was filed five (5) days ago, I trust that you will ensure this task is completed in accordance with applicable law by the end of the day. Nothing in this communication should be construed to indicate that I am abandoning any right of claim or agreeing to provide additional time. To be clear, things in motion will remain in motion, and failure to take immediate corrective action incurs additional liability and risk but offers no benefit to you or to anyone you believe may be benefiting.

Tags

judicial complaint
district judge
circuit judge
Diaz
Wilkinson
Niemeyer
King
Gregory
Agee
Wynn
Thacker
Harris
Richardson
Quattlebaum
Rushing
Heytens
Benjamin
Berner
Traxler
Keenan
Floyd
Russell
Abelson
Bennett
Blake
Boardman
Bredar
Chasanow
Chuang
Gallagher
Griggsby
Hollander
Maddox
Rubin
Xinis
Hurson
Ishida
Anowi
Prohibitive Sanction
Show Cause
Criminal Sanction

Exhibit: 501Z

Pages: 5

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