by Alex Mann
A Maryland commission that investigates wrongdoing by judges recommended that the state’s highest court remove Anne Arundel County Orphans’ Court Judge Marc Knapp from the probate bench.
According to an opinion published online Tuesday, the commission, made up of judges, lawyers and civilians, voted unanimously to recommend Knapp’s removal.
The commission’s decision follows days of trial-like proceedings last fall in Howard County Circuit Court, where the commission’s investigative counsel, which functions like a prosecution, presented its case against Knapp. The judge then had an opportunity to put on his own case.
“I’m very disappointed, unhappy with what they’ve done,” Knapp told The Banner by phone Tuesday. ”I don’t agree with what they’ve done.”
Investigative counsel and Knapp can file written exceptions to the commission’s findings. The commission can then respond.
The decision on punishment falls to the Supreme Court of Maryland, which can order memorandums from both sides. Knapp’s disciplinary action is likely to be placed on an expedited docket.
Knapp already filed for reelection. It’s unclear what would happen if he were to retain his seat on the bench at the ballot box, but then be removed by the state supreme court. It’s also unclear if he could continue running if the high court removes him from the bench before the election.
The accusations against Knapp stem from his longstanding and highly public dispute with Vickie Gipson, who was the chief judge of the Anne Arundel probate court.
Knapp and Gipson’s spat spilled out of chambers, where they yelled so loudly their voices could be heard throughout the nearby Register of Wills Office, and into the public eye.
Gipson twice summoned county police to the probate court and applied for a peace order against Knapp.
The Maryland Office of the State Prosecutor unsuccessfully prosecuted Knapp on the criminal charge of illegally recording his colleagues. An Anne Arundel Circuit Court judge found the recording in question was illegally obtained by police, forcing prosecutors to dismiss the case.
Both he and Gipson faced separate judicial ethics charges before the commission. It has not yet issued a ruling in Gipson’s case, which took longer than Knapp’s because of scheduling issues.
Investigative counsel argued in support of a litany of ethics charges that Gipson and Knapp’s behavior served to “denigrate public confidence” in the probate court. Some court staff who testified at Knapp’s hearings recalled litigants wondering whether the two were real judges.
It costs $25 to run for the county Orphans’ Court; a law degree is not required. Neither Knapp or Gipson had practiced law in Maryland.
When he testified in his hearings, Knapp admitted to cursing at his colleagues when he disagreed with them, belittling them and leaning over their desks during arguments.
“You’re not an attorney. You don’t know what the hell you’re doing,” Knapp recalled telling then-Orphans’ Court Judge David Duba during one argument.
He also repeatedly insulted Gipson’s writing and recalled once telling her to “quit dicking around” when he thought she was taking too long to issue an opinion.
When a court clerk got promoted, she testified, Knapp asked her, “How does it feel to finally be important?”
The commission found that Knapp’s behavior could not be rectified with a punishment lesser than removal.
“Respondent’s misconduct was pervasive and severe,” the commission’s opinion said. “It occurred on the bench, to court staff, and to judicial colleagues.”
The commission found that Knapp destroyed evidence in front of Anne Arundel County Police, exhibited bias, failed to cooperate with law enforcement, “was not fully credible before the commission” and regularly cursed during his testimony.
“All of this embarrasses the Maryland judiciary and diminishes the public’s trust in the Anne Arundel County Orphans Court,” the commission’s opinion said.
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Ethics commission recommends removal of Anne Arundel probate judge Marc Knapp
