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Court of Appeals grants motion to dismiss Nance proceedings after resignation
The Court of Appeals has formally dismissed the pending disciplinary case against retired Baltimore City Circuit Judge Alfred Nance in light of his decision to step down from the bench Dec. 1.
Nance was recommended for removal from office by the Commission on Judicial Disabilities in October and did not challenge the findings and conclusions of the commission.
The case was sent to the Court of Appeals for final action. Chief Judge Mary Ellen Barbera signed an order Thursday granting Nance’s unopposed motion to dismiss the case due to his decision to retire and declaration that he will not seek recall as a senior judge.
By retiring, Nance prevented the Court of Appeals from revoking or limiting his pension as permitted under the Maryland Constitution. A judge for 20 years, Nance would have reach the state’s mandatory retirement age of 70 in April.
The state’s highest court has not removed a judge from the bench since 1984.
The commission determined after a multi-day hearing that Nance exhibited a “disrespectful and unprofessional demeanor” on the bench during his interactions with Assistant Public Defender Deborah K. Levi, who filed complaints against him. Nance was determined to have displayed bias or prejudice toward Levi which was unwarranted.
Nance was the first judge recommended for removal from office in more than 20 years, since Montgomery County District Judge Henry J. Monahan was recommended for removal after he was charged with paying a prostitute for sex in his chambers. Monahan also retired before the Court of Appeals acted and the case was dismissed.
