<section article="gcj" article_name="Courts and Judicial Proceedings" number="9-101" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>Unless otherwise provided in this subtitle:</text> <level label="1"> <text>A person shall not be excluded from testifying in a proceeding because of incapacity from crime or interest in the matter in question; and</text> </level> <level label="2"> <text>Litigants and their spouses are competent and compellable to give evidence.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-103" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>In a criminal trial, the age of a child may not be the reason for precluding a child from testifying.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-105" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <text>In this section, “spouse” includes a former spouse.</text> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, one spouse is not competent to disclose any confidential communication between the spouses occurring during their marriage.</text> </level> <level label="c"> <level label="1"> <text>A spouse who is the alleged victim is competent to disclose a confidential communication between spouses occurring during their marriage in a criminal action in which one spouse is charged with a crime against the other spouse.</text> </level> <level label="2"> <text>A spouse may not be compelled to testify to a confidential communication under this subsection.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-106" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <text>The spouse of a person on trial for a crime may not be compelled to testify as an adverse witness unless:</text> <level label="1"> <text>The charge involves:</text> <level label="i"> <text>The abuse of a child under 18; or</text> </level> <level label="ii"> <text>Assault in any degree in which the spouse is a victim if:</text> <level label="1"> <text>The person on trial was previously charged with assault in any degree or assault and battery of the spouse;</text> </level> <level label="2"> <text>The spouse was sworn to testify at the previous trial; and</text> </level> <level label="3"> <text>The spouse refused to testify at the previous trial on the basis of this section; or</text> </level> </level> </level> <level label="2"> <text>The person on trial and the spouse married after the date on which the alleged crime for which the person is on trial occurred.</text> </level> </level> <level label="b"> <level label="1"> <text>If the spouse of a person on trial for assault in any degree in which the spouse was a victim is sworn to testify at the trial and refuses to testify on the basis of the provisions of this section, the clerk of the court shall make and maintain a record of that refusal, including the name of the spouse refusing to testify.</text> </level> <level label="2"> <text>When an expungement order is presented to the clerk of the court in a case involving a charge of assault in any degree, the clerk shall check the record to determine whether the defendant’s spouse refused to testify on the basis of the provisions of this section.</text> </level> <level label="3"> <text>If the record shows such refusal, the clerk shall make and maintain a separate record of the refusal, including the defendant’s name, the spouse’s name, the case file number, a copy of the charging document, and the date of the trial in which the spouse refused to testify.</text> </level> <level label="4"> <text>The separate record specified under paragraph (3) of this subsection:</text> <level label="i"> <text>Is not subject to expungement under Title 10, Subtitle 1 of the Criminal Procedure Article; and</text> </level> <level label="ii"> <text>Shall be available only to the court, a State’s Attorney’s office, and an attorney for the defendant.</text> </level> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-107" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>A person may not be compelled to testify in violation of his privilege against self-incrimination. The failure of a defendant to testify in a criminal proceeding on this basis does not create any presumption against him.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-108" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>A person may not be compelled to testify in violation of the attorney-client privilege.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-109" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <level label="1"> <text>“Authorized representative” means a person authorized by the patient to assert the privilege granted by this section and until permitted by the patient to make disclosure, the person whose communications are privileged.</text> </level> <level label="2"> <text>“Licensed psychologist” means a person who is licensed to practice psychology under the laws of Maryland.</text> </level> <level label="3"> <text>“Patient” means a person who communicates or receives services regarding the diagnosis or treatment of his mental or emotional disorder from a psychiatrist, licensed psychologist, or any other person participating directly or vitally with either in rendering those services in consultation with or under direct supervision of a psychiatrist or psychologist.</text> </level> <level label="4"> <text>“Psychiatrist” means a person licensed to practice medicine who devotes a substantial proportion of his time to the practice of psychiatry.</text> </level> </level> <level label="b"> <text>Unless otherwise provided, in all judicial, legislative, or administrative proceedings, a patient or the patient’s authorized representative has a privilege to refuse to disclose, and to prevent a witness from disclosing:</text> <level label="1"> <text>Communications relating to diagnosis or treatment of the patient; or</text> </level> <level label="2"> <text>Any information that by its nature would show the existence of a medical record of the diagnosis or treatment.</text> </level> </level> <level label="c"> <text>If a patient is incompetent to assert or waive this privilege, a guardian shall be appointed and shall act for the patient. A previously appointed guardian has the same authority.</text> </level> <level label="d"> <text>There is no privilege if:</text> <level label="1"> <text>A disclosure is necessary for the purposes of placing the patient in a facility for mental illness;</text> </level> <level label="2"> <text>A judge finds that the patient, after being informed there will be no privilege, makes communications in the course of an examination ordered by the court and the issue at trial involves his mental or emotional disorder;</text> </level> <level label="3"> <text>In a civil or criminal proceeding:</text> <level label="i"> <text>The patient introduces his mental condition as an element of his claim or defense; or</text> </level> <level label="ii"> <text>After the patient’s death, his mental condition is introduced by any party claiming or defending through or as a beneficiary of the patient;</text> </level> </level> <level label="4"> <text>The patient, an authorized representative of the patient, or the personal representative of the patient makes a claim against the psychiatrist or licensed psychologist for malpractice;</text> </level> <level label="5"> <text>Related to civil or criminal proceedings under defective delinquency proceedings;</text> </level> <level label="6"> <text>The patient expressly consents to waive the privilege, or in the case of death or disability, his personal or authorized representative waives the privilege for purpose of making claim or bringing suit on a policy of insurance on life, health, or physical condition;</text> </level> <level label="7"> <text>In a criminal proceeding against a patient or former patient alleging that the patient or former patient has harassed or threatened or committed another criminal act against the psychiatrist or licensed psychologist, the disclosure is necessary to prove the charge;</text> </level> <level label="8"> <text>In a peace order proceeding under Title 3, Subtitle 15 of this article in which the psychiatrist or licensed psychologist is a petitioner and a patient or former patient is a respondent, the disclosure is necessary to obtain relief; or</text> </level> <level label="9"> <text>In an extreme risk protective order proceeding under Title 5, Subtitle 6 of the Public Safety Article in which the psychiatrist or licensed psychologist is a petitioner and a patient or former patient is a respondent, the disclosure is necessary to obtain relief.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-109.1" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Client” means an individual who communicates to or receives services from a psychiatric–mental health nursing specialist or a professional counselor regarding the diagnosis or treatment of the individual’s mental or emotional disorder.</text> </level> <level label="3"> <text>“Professional counselor” means an individual who is certified, licensed, or exempted from licensure as a counselor under Title 17 of the Health Occupations Article.</text> </level> <level label="4"> <text>“Psychiatric–mental health nursing specialist” means a registered nurse who:</text> <level label="i"> <text>Has a master’s degree in psychiatric–mental health nursing;</text> </level> <level label="ii"> <text>Has a baccalaureate degree in nursing and a master’s degree in a mental health field; or</text> </level> <level label="iii"> <text>Is certified as a clinical specialist in psychiatric and mental health nursing by the American Nurses’ Association or by a body approved by the Board of Nursing.</text> </level> </level> </level> <level label="b"> <text>Unless otherwise provided, in any judicial, legislative, or administrative proceeding, a client or a client’s authorized representative has a privilege to refuse to disclose, and to prevent a witness from disclosing, communications relating to:</text> <level label="1"> <text>Diagnosis or treatment of the client; or</text> </level> <level label="2"> <text>Any information that by its nature would show a medical record of the diagnosis or treatment exists.</text> </level> </level> <level label="c"> <level label="1"> <text>If a client is incompetent to assert or waive this privilege, a guardian shall be appointed and shall act for the client.</text> </level> <level label="2"> <text>A guardian appointed before the proceeding has the authority to act for the client.</text> </level> </level> <level label="d"> <text>There is no privilege if:</text> <level label="1"> <text>A disclosure is necessary for the purpose of placing the client in a facility for mental illness;</text> </level> <level label="2"> <text>A judge finds that the client, after being informed that there will be no privilege, makes communications in the course of an examination ordered by the court and the issue at trial involves the client’s mental or emotional disorder;</text> </level> <level label="3"> <text>In a civil or criminal proceeding:</text> <level label="i"> <text>The client introduces the client’s mental condition as an element of the claim or defense; or</text> </level> <level label="ii"> <text>After the client’s death, the client’s mental condition is introduced by any party claiming or defending through or as a beneficiary of the client;</text> </level> </level> <level label="4"> <text>The client, the authorized representative of the client, or the personal representative of the client makes a claim against the psychiatric–mental health nursing specialist or the professional counselor for malpractice;</text> </level> <level label="5"> <text>The client expressly consents to waive the privilege or, in the case of death or disability, the client’s personal representative waives the privilege for the purpose of making a claim or bringing suit on a policy of insurance on life, health, or physical condition;</text> </level> <level label="6"> <text>In a criminal proceeding against a client or former client alleging that the client or former client has harassed or threatened or committed another criminal act against the psychiatric–mental health nursing specialist or the professional counselor, the disclosure is necessary to prove the charge;</text> </level> <level label="7"> <text>In a peace order proceeding under Title 3, Subtitle 15 of this article in which the psychiatric–mental health nursing specialist or professional counselor is a petitioner and a client or former client is a respondent, the disclosure is necessary to obtain relief; or</text> </level> <level label="8"> <text>In an extreme risk protective order proceeding under Title 5, Subtitle 6 of the Public Safety Article in which the psychiatric–mental health nursing specialist or professional counselor is a petitioner and a client or former client is a respondent, the disclosure is necessary to obtain relief.</text> </level> </level> <level label="e"> <text>There is no privilege in:</text> <level label="1"> <text>Any administrative or judicial nondelinquent juvenile proceeding;</text> </level> <level label="2"> <text>Any guardianship and adoption proceeding initiated by a child placement agency;</text> </level> <level label="3"> <text>Any guardianship and protective services proceeding concerning a disabled person; or</text> </level> <level label="4"> <text>Any criminal or delinquency proceeding in which there is a charge of child abuse or neglect or that arises out of an investigation of suspected child abuse or neglect.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-110" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <level label="i"> <text>“Firm” means a proprietorship, partnership, or professional corporation engaged in the practice of public accountancy.</text> </level> <level label="ii"> <text>“Firm” includes an employee of the firm.</text> </level> </level> <level label="3"> <level label="i"> <text>“Licensed certified public accountant” has the meaning stated in § 2–101(i) of the Business Occupations and Professions Article.</text> </level> <level label="ii"> <text>“Licensed certified public accountant” includes an employee of the licensed certified public accountant.</text> </level> </level> <level label="4"> <text>“Permit” has the meaning stated in § 2–101(k) of the Business Occupations and Professions Article.</text> </level> <level label="5"> <text>“Practice of certified public accountancy” has the meaning stated for “practice certified public accountancy” in § 2–101(m) of the Business Occupations and Professions Article.</text> </level> <level label="6"> <level label="i"> <text>“Practice of public accountancy” means the performance or the offering to perform by a licensed certified public accountant or a firm, while holding out to the public, services for a client or a potential client that involve:</text> <level label="1"> <text>The use of accounting or auditing skills, including the issuance of reports on financial statements;</text> </level> <level label="2"> <text>Financial management, advice, or consultation; or</text> </level> <level label="3"> <text>The preparation of tax returns or the furnishing of advice about tax matters.</text> </level> </level> <level label="ii"> <text>“Practice of public accountancy” includes the practice of certified public accountancy.</text> </level> </level> <level label="7"> <text>“Quality review” means an independent appraisal, review, or study of the professional work of a licensed certified public accountant or firm in the practice of public accountancy that is made by a licensed certified public accountant or firm that is not affiliated with the licensed certified public accountant or firm undergoing a quality review.</text> </level> </level> <level label="b"> <text>Except as provided in subsections (c) and (d) of this section or unless expressly permitted by a client or the personal representative or successor in interest of the client, a licensed certified public accountant or firm may not disclose:</text> <level label="1"> <text>The contents of any communication made to the licensed certified public accountant or firm by a client who employs the licensed certified public accountant or firm to audit, examine, or report on any account, book, record, or statement of the client;</text> </level> <level label="2"> <text>Any information that the licensed certified public accountant or firm, in rendering professional service, derives from:</text> <level label="i"> <text>A client who employs the licensed certified public accountant or firm; or</text> </level> <level label="ii"> <text>The material of the client.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>A licensed certified public accountant or firm may disclose any data to another certified public accountant or firm that conducts a quality review.</text> </level> <level label="2"> <text>The disclosure permitted by paragraph (1) of this subsection:</text> <level label="i"> <text>Does not waive the privilege required by subsection (b) of this section; and</text> </level> <level label="ii"> <text>Subjects a licensed certified public accountant or firm that conducts a quality review to the same duty of confidentiality applicable to the licensed certified public accountant or firm undergoing the quality review.</text> </level> </level> </level> <level label="d"> <text>The privilege against disclosure required by subsection (b) of this section does not affect:</text> <level label="1"> <text>The bankruptcy laws;</text> </level> <level label="2"> <text>The criminal laws of the State; or</text> </level> <level label="3"> <text>A regulatory proceeding by the State Board of Public Accountancy under §§ 2–317 and 2–412 of the Business Occupations and Professions Article.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-111" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>A minister of the gospel, clergyman, or priest of an established church of any denomination may not be compelled to testify on any matter in relation to any confession or communication made to him in confidence by a person seeking his spiritual advice or consolation.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-112" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <text>In this section, “news media” means:</text> <level label="1"> <text>Newspapers;</text> </level> <level label="2"> <text>Magazines;</text> </level> <level label="3"> <text>Journals;</text> </level> <level label="4"> <text>Press associations;</text> </level> <level label="5"> <text>News agencies;</text> </level> <level label="6"> <text>Wire services;</text> </level> <level label="7"> <text>Radio;</text> </level> <level label="8"> <text>Television; and</text> </level> <level label="9"> <text>Any printed, photographic, mechanical, or electronic means of disseminating news and information to the public.</text> </level> </level> <level label="b"> <text>The provisions of this section apply to any person who is, or has been:</text> <level label="1"> <text>Employed by the news media in any news gathering or news disseminating capacity;</text> </level> <level label="2"> <text>An independent contractor of the news media acting within the scope of a contract in any news gathering or news disseminating capacity; or</text> </level> <level label="3"> <text>Enrolled as a student in an institution of postsecondary education and engaged in any news gathering or news disseminating capacity recognized by the institution as a scholastic activity or in conjunction with an activity sponsored, funded, managed, or supervised by school staff or faculty.</text> </level> </level> <level label="c"> <text>Except as provided in subsection (d) of this section, any judicial, legislative, or administrative body, or anybody that has the power to issue subpoenas may not compel any person described in subsection (b) of this section to disclose:</text> <level label="1"> <text>The source of any news or information procured by the person while employed by the news media or while enrolled as a student, whether or not the source has been promised confidentiality; or</text> </level> <level label="2"> <text>Any news or information procured by the person while employed by the news media or while acting as an independent contractor of the news media, in the course of pursuing a professional activity, or any news or information procured by the person while enrolled as a student, in the course of pursuing a scholastic activity or in conjunction with an activity sponsored, funded, managed, or supervised by school staff or faculty, for communication to the public but which is not so communicated, in whole or in part, including:</text> <level label="i"> <text>Notes;</text> </level> <level label="ii"> <text>Outtakes;</text> </level> <level label="iii"> <text>Photographs or photographic negatives;</text> </level> <level label="iv"> <text>Video and sound tapes;</text> </level> <level label="v"> <text>Film; and</text> </level> <level label="vi"> <text>Other data, irrespective of its nature, not itself disseminated in any manner to the public.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>A court may compel disclosure of news or information, if the court finds that the party seeking news or information protected under subsection (c)(2) of this section has established by clear and convincing evidence that:</text> <level label="i"> <text>The news or information is relevant to a significant legal issue before any judicial, legislative, or administrative body, or anybody that has the power to issue subpoenas;</text> </level> <level label="ii"> <text>The news or information could not, with due diligence, be obtained by any alternate means; and</text> </level> <level label="iii"> <text>There is an overriding public interest in disclosure.</text> </level> </level> <level label="2"> <text>A court may not compel disclosure under this subsection of the source of any news or information protected under subsection (c)(1) of this section.</text> </level> </level> <level label="e"> <text>If any person described in subsection (b) of this section disseminates a source of any news or information, or any portion of the news or information procured while pursuing an activity described in subsection (b) of this section, the protection from compelled disclosure under this section is not waived by the person.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-113" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>In a civil case, a party or an officer, director, or managing agent of a corporation, partnership, or association may be called by the adverse party and interrogated as on cross-examination.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-114" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <level label="1"> <text>If a party, a witness, or a victim or victim’s representative, as defined in § 11–104(a) of the Criminal Procedure Article, is deaf or cannot readily understand or communicate the spoken English language, any party or a victim or victim’s representative may apply to the court for the appointment of a qualified interpreter to assist that person.</text> </level> <level label="2"> <text>On receiving the application under paragraph (1) of this subsection, the court shall appoint a qualified interpreter to assist that person.</text> </level> <level label="3"> <text>The court shall maintain a directory of interpreters for manual communication or oral interpretation to assist deaf persons or persons who cannot readily understand or communicate the spoken English language.</text> </level> </level> <level label="b"> <text>Any interpreter appointed pursuant to this section shall be allowed compensation the court deems reasonable. It is discretionary with the court, in accordance with the provisions of the federal Americans with Disabilities Act, to tax, as part of the costs of the case, amounts paid to an interpreter for services and expenses. Otherwise the amount shall be paid by the county where the proceedings were initiated.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-115" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>Where character evidence is otherwise relevant to the proceeding, no person offered as a character witness who has an adequate basis for forming an opinion as to another person’s character shall hereafter be excluded from giving evidence based on personal opinion to prove character, either in person or by deposition, in any suit, action or proceeding, civil or criminal, in any court or before any judge, or jury of the State.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-116" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>A party to a proceeding by or against a personal representative, heir, devisee, distributee, or legatee as such, in which a judgment or decree may be rendered for or against them, or by or against an incompetent person, may not testify concerning any transaction with or statement made by the dead or incompetent person, personally or through an agent since dead, unless called to testify by the opposite party, or unless the testimony of the dead or incompetent person has been given already in evidence in the same proceeding concerning the same transaction or statement.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-117" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>It is not competent, in any case, for any party to the cause who has been examined therein as a witness, to corroborate his testimony when impeached by proof of his own declaration or statement made to third persons out of the presence and hearing of the adverse party.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-118" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <text>The oath for a person testifying before the grand jury shall be administered in one of the ways specified in this section.</text> </level> <level label="b"> <text>It may be administered in the presence of the grand jury by its foreperson or another member appointed by the foreperson.</text> </level> <level label="c"> <text>It may be administered by the clerk or deputy clerk of court in the presence of the presiding judge or judges in open court.</text> </level> <level label="d"> <text>It may be administered by the clerk or deputy clerk of court in the presence of the presiding judge or judges, in the court house, but not in open court.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-119" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <text>A person testifying in a supplementary or discovery proceeding in aid of a judgment or execution is not excused from answering a question because the answer may tend to connect him with the commission of fraud.</text> </level> <level label="b"> <text>An answer may not be used as evidence against the person in a criminal proceeding based upon the fraud.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-120" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <text>Notwithstanding any other provision of law, a psychologist licensed under the “Maryland Psychologists Act” and qualified as an expert witness may testify on ultimate issues, including insanity, competency to stand trial, and matters within the scope of that psychologist’s special knowledge, in any case in any court or in any administrative hearing.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-121" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Client” means a person who communicates to or receives services from a licensed certified social worker regarding his mental or emotional condition, or from any other person participating directly or vitally with a licensed certified social worker in rendering those services, in consultation with or under direct supervision of a licensed certified social worker.</text> </level> <level label="3"> <text>“Licensed certified social worker” means any person licensed as a certified social worker under Title 19 of the Health Occupations Article.</text> </level> <level label="4"> <text>“Witness” means a licensed certified social worker or any other person participating directly or vitally with a licensed certified social worker in rendering services to a client, in consultation with or under direct supervision of a licensed certified social worker.</text> </level> </level> <level label="b"> <text>Unless otherwise provided, in all judicial or administrative proceedings, a client has a privilege to refuse to disclose, and to prevent a witness from disclosing, communications made while the client was receiving counseling or any information that by its nature would show that such counseling occurred.</text> </level> <level label="c"> <text>If a client is incompetent to assert or waive this privilege, a guardian shall be appointed and shall act for the client. A previously appointed guardian has the same authority.</text> </level> <level label="d"> <text>There is no privilege if:</text> <level label="1"> <text>A disclosure is necessary for the purpose of placing the client in a facility for mental illness;</text> </level> <level label="2"> <text>A judge finds that the client, after being informed there will be no privilege, makes communications in the course of an examination ordered by the court;</text> </level> <level label="3"> <text>In a civil or criminal proceeding:</text> <level label="i"> <text>The client introduces the client’s mental condition as an element of the claim or defense; or</text> </level> <level label="ii"> <text>After the client’s death, the client’s mental condition is introduced by any party claiming or defending through or as a beneficiary of the client;</text> </level> </level> <level label="4"> <text>The client or the personal representative of the client makes a claim against the licensed certified social worker for malpractice;</text> </level> <level label="5"> <text>The client expressly consents to waive the privilege, or in the case of death or disability, the client’s personal representative waives the privilege for purpose of making a claim or bringing suit on a policy of insurance on life, health, or physical condition;</text> </level> <level label="6"> <text>In a criminal proceeding against a client or former client alleging that the client or former client has harassed or threatened or committed another criminal act against the licensed certified social worker, the disclosure is necessary to prove the charge;</text> </level> <level label="7"> <text>In a peace order proceeding under Title 3, Subtitle 15 of this article in which the licensed certified social worker is a petitioner and a client or former client is a respondent, the disclosure is necessary to obtain relief; or</text> </level> <level label="8"> <text>In an extreme risk protective order proceeding under Title 5, Subtitle 6 of the Public Safety Article in which the licensed certified social worker is a petitioner and a client or former client is a respondent, the disclosure is necessary to obtain relief.</text> </level> </level> <level label="e"> <text>There is no privilege in:</text> <level label="1"> <text>Any administrative or judicial nondelinquent juvenile proceeding;</text> </level> <level label="2"> <text>Any guardianship and adoption proceeding initiated by a child placement agency;</text> </level> <level label="3"> <text>Any guardianship and protective services proceeding concerning disabled persons; or</text> </level> <level label="4"> <text>Any criminal or delinquency proceeding in which there is a charge of child abuse or neglect or which arises out of an investigation of suspected child abuse or neglect.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-122" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <text>A member of the General Assembly may not be subpoenaed to testify in a civil or administrative action, proceeding, or deposition, other than one in which the member is a named private party, during any regular or special session, and for 10 days before and after each session.</text> </level> <level label="b"> <text>This section does not constitute a waiver of a member’s constitutional or common law privileges.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-123" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Other information” includes any book, paper, document, record, recording, or other material.</text> </level> <level label="3"> <text>“Prosecutor” means:</text> <level label="i"> <text>The State’s Attorney for a county;</text> </level> <level label="ii"> <text>A Deputy State’s Attorney;</text> </level> <level label="iii"> <text>The Attorney General of the State;</text> </level> <level label="iv"> <text>A Deputy Attorney General or designated Assistant Attorney General; or</text> </level> <level label="v"> <text>The State Prosecutor or Deputy State Prosecutor.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>If a witness refuses, on the basis of the privilege against self–incrimination, to testify or provide other information in a criminal prosecution or a proceeding before a grand jury of the State, and the court issues an order to testify or provide other information under subsection (c) of this section, the witness may not refuse to comply with the order on the basis of the privilege against self–incrimination.</text> </level> <level label="2"> <text>No testimony or other information compelled under the order, and no information directly or indirectly derived from the testimony or other information, may be used against the witness in any criminal case, except in a prosecution for perjury, obstruction of justice, or otherwise failing to comply with the order.</text> </level> </level> <level label="c"> <level label="1"> <text>If an individual has been, or may be, called to testify or provide other information in a criminal prosecution or a proceeding before a grand jury of the State, the court in which the proceeding is or may be held shall issue, on the request of the prosecutor made in accordance with subsection (d) of this section, an order requiring the individual to give testimony or provide other information which the individual has refused to give or provide on the basis of the individual’s privilege against self–incrimination.</text> </level> <level label="2"> <text>The order shall have the effect provided under subsection (b) of this section.</text> </level> </level> <level label="d"> <text>If a prosecutor seeks to compel an individual to testify or provide other information, the prosecutor shall request, by written motion, the court to issue an order under subsection (c) of this section when the prosecutor determines that:</text> <level label="1"> <text>The testimony or other information from the individual may be necessary to the public interest; and</text> </level> <level label="2"> <text>The individual has refused or is likely to refuse to testify or provide other information on the basis of the individual’s privilege against self–incrimination.</text> </level> </level> <level label="e"> <text>If a witness refuses to comply with an order issued under subsection (c) of this section, on written motion of the prosecutor and on admission into evidence of the transcript of the refusal, if the refusal was before a grand jury, the court shall treat the refusal as a direct contempt, notwithstanding any law to the contrary, and proceed in accordance with Title 15, Chapter 200 of the Maryland Rules.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-124" title_number="9" title_name="Witnesses" subtitle_number="1" subtitle_name="Competence, Compellability, and Privilege"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Employee” means an individual represented by a labor organization regardless of whether the individual is a member of the labor organization.</text> </level> <level label="3"> <text>“Labor organization” means an organization that represents or seeks to represent workers for the purposes of collective bargaining.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in subsection (c) or (d) of this section, a labor organization or an agent of a labor organization may not be compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee while the labor organization or agent was acting in a representative capacity concerning an employee grievance.</text> </level> <level label="2"> <text>Paragraph (1) of this subsection does not apply to a criminal proceeding.</text> </level> <level label="3"> <text>An employee’s privilege under this subsection applies only to the extent that:</text> <level label="i"> <text>A communication or information is germane to a grievance of the employee; and</text> </level> <level label="ii"> <text>The grievance of the employee is a subject matter of an investigation, a grievance proceeding, or a civil court, administrative, arbitration, or other civil proceeding.</text> </level> </level> <level label="4"> <text>An employee’s privilege under this subsection continues after termination of:</text> <level label="i"> <text>The employee’s employment; or</text> </level> <level label="ii"> <text>The representative relationship of the labor organization or its agent with the employee.</text> </level> </level> <level label="5"> <text>An employee’s privilege under this subsection protects the communication or information received or acquired by the labor organization or its agent, but does not protect the employee from being compelled to disclose, to the extent provided by law, the facts underlying the communication or information.</text> </level> </level> <level label="c"> <text>A labor organization or its agent shall disclose to the employer as soon as possible a communication or information described in subsection (b)(1) of this section to the extent the labor organization or its agent reasonably believes necessary to prevent certain death or substantial bodily harm.</text> </level> <level label="d"> <text>A labor organization or its agent may disclose a communication or information described in subsection (b) of this section:</text> <level label="1"> <text>To the extent the labor organization or its agent reasonably believes necessary to:</text> <level label="i"> <text>Prevent the employee from committing a crime, fraud, or any act in violation of a collective bargaining agreement or contractual agreement that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the employee has used or is using the services of the labor organization or its agent;</text> </level> <level label="ii"> <text>Prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the employee’s commission of a crime, fraud, or any act in violation of a collective bargaining agreement or contractual agreement in furtherance of which the employee has used the services of the labor organization or its agent;</text> </level> <level label="iii"> <text>Secure legal advice about the compliance of the labor organization or its agent with a court order or other law or the terms of a collective bargaining agreement or contractual agreement;</text> </level> <level label="iv"> <text>Establish a claim or defense on behalf of the labor organization or its agent in a controversy between the employee and the labor organization or its agent, to establish a defense to a criminal charge or civil claim against the labor organization or its agent based on conduct in which the employee was involved, or to respond to allegations in any proceeding concerning the performance of professional duties by the labor organization or its agent on behalf of the employee; or</text> </level> <level label="v"> <text>Comply with a court order or other law or the terms of a collective bargaining agreement or contractual agreement;</text> </level> </level> <level label="2"> <text>To the extent the communication or information constitutes an admission that the employee has committed a crime;</text> </level> <level label="3"> <text>In any court, administrative, arbitration, or other proceeding against:</text> <level label="i"> <text>The agent of the labor organization in the agent’s personal or official representative capacity; or</text> </level> <level label="ii"> <text>The labor organization, any affiliated or subordinate body of the labor organization, or any agent of the labor organization or its affiliated or subordinate body;</text> </level> </level> <level label="4"> <text>If the labor organization has obtained the written or oral consent of the employee;</text> </level> <level label="5"> <text>If the employee is deceased or has been adjudicated incompetent by a court of competent jurisdiction and the labor organization has obtained the written or oral consent of the personal representative of the employee’s estate or of the employee’s guardian;</text> </level> <level label="6"> <text>When required by court order; or</text> </level> <level label="7"> <text>To the extent that the employee waives the confidentiality of the communication or information.</text> </level> </level> <level label="e"> <text>An adverse inference may not be drawn based on the refusal of a labor organization or an agent of a labor organization to disclose a communication or any information under subsection (d)(3) of this section.</text> </level> <level label="f"> <text>In the event of a conflict between the application of this section and any federal or State labor law, the provisions of the federal or State law shall control.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-201" title_number="9" title_name="Witnesses" subtitle_number="2" subtitle_name="Attendance and Pay"> <level label="a"> <text>A judge may issue a summons for the attendance of a party, witnesses, or for the production of evidence in a case before the court. No judge may issue a blank summons.</text> </level> <level label="b"> <text>If a witness is summoned to attend a court and without sufficient excuse neglects to appear, he may be attached and fined an amount not exceeding $300. He is liable to answer the party for whom he was summoned in an action upon the case for the damage sustained for failure to appear to testify according to the summons.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-203" title_number="9" title_name="Witnesses" subtitle_number="2" subtitle_name="Attendance and Pay"> <level label="a"> <text>In any criminal proceeding in which a warrant is issued for the purpose of requiring the attendance of a person as a material witness for the State, the witness must be taken promptly before a District Court commissioner before he is committed to jail.</text> </level> <level label="b"> <text>If the commissioner determines, after a hearing, that the person brought before him should be held as a witness for the State, he shall set a reasonable bond for the appearance of the witness in the criminal proceedings when required.</text> </level> <level label="c"> <text>If the witness is unable to post the bond set by the commissioner he shall be committed to jail until he posts the bond.</text> </level> <level label="d"> <text>Upon the commitment to jail of a witness, the commissioner shall notify immediately the State’s Attorney of the county where the witness is being held. The sheriff, warden, or other custodian of the jail in which the witness is held shall also notify immediately the State’s Attorney.</text> </level> <level label="e"> <text>Unless the State’s Attorney makes application in writing prior to the expiration of seven calendar days from the date of commitment of the witness to a judge of the circuit court of the county where the witness is committed for authority to continue to hold the witness, the sheriff, warden, or other custodian of the jail shall immediately upon the expiration of seven days release the witness.</text> </level> <level label="f"> <text>The filing of a petition for authority to continue to hold a witness longer than seven days may be granted by a judge, only upon the conditions and in accordance with the procedure provided by the Maryland Rules.</text> </level> <level label="g"> <text>The State’s Attorney may order the release of the witness from custody at any time before or after the expiration of seven days by placing an endorsement to that effect on the commitment or warrant.</text> </level> <level label="h"> <text>A confined witness shall be paid $10 per day for each day confined in addition to the witness fees payable pursuant to § 9-202. Payment shall be made by the county in which the prosecution of the case is carried on.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-204" title_number="9" title_name="Witnesses" subtitle_number="2" subtitle_name="Attendance and Pay"> <text>The court that issued an execution on a forfeited recognizance for a witness who failed to appear may discharge the witness from execution upon motion showing good and sufficient cause for the failure.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-205" title_number="9" title_name="Witnesses" subtitle_number="2" subtitle_name="Attendance and Pay"> <level label="a"> <text>An employer may not deprive an employee of the employee’s job solely because of job time lost by the employee as a result of:</text> <level label="1"> <text>The employee’s response to a subpoena requiring the employee to appear as a witness in any civil or criminal proceeding, including discovery proceedings; or</text> </level> <level label="2"> <text>The employee’s attendance at a proceeding that the employee has a right to attend under § 11-102 or § 11-302 of the Criminal Procedure Article, or under § 3-8A-13 of this article.</text> </level> </level> <level label="b"> <text>An employer that violates subsection (a) of this section may be fined not more than $1,000.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-301" title_number="9" title_name="Witnesses" subtitle_number="3" subtitle_name="Attendance of Witnesses From Without a State"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“State” means any state or territory of the United States and the District of Columbia.</text> </level> <level label="c"> <text>“Summons” means a subpoena, order, or other notice requiring the appearance of a witness.</text> </level> <level label="d"> <text>“Witness” means a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal prosecution or proceeding.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-302" title_number="9" title_name="Witnesses" subtitle_number="3" subtitle_name="Attendance of Witnesses From Without a State"> <level label="a"> <text>If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in the State certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury investigation has commenced or is about to commence, that a person being within the State is a material witness in the prosecution, or grand jury investigation, and that the presence of that person will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record, in the county in which the person is, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.</text> </level> <level label="b"> <level label="1"> <level label="i"> <text>Except as provided in paragraph (2) of this subsection, if at a hearing under this subsection the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons.</text> </level> <level label="ii"> <text>In a hearing under this subsection, the certificate shall be prima facie evidence of all the facts stated therein.</text> </level> </level> <level label="2"> <level label="i"> <text>In this paragraph, “legally protected health care” has the meaning stated in § 2–312 of the State Personnel and Pensions Article.</text> </level> <level label="ii"> <text>A judge may not order a person within the State to give testimony or a statement, or produce documents, electronically stored information, or other tangible things under this subsection, in a case where prosecution is pending, or where a grand jury investigation has commenced or is about to commence, for a violation of a criminal law of another state involving the provision of, receipt of, or assistance with legally protected health care in the State, unless the acts forming the basis of the prosecution or investigation would constitute a crime in this State.</text> </level> </level> </level> <level label="c"> <text>If a certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for a hearing; and the judge at the hearing being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of a desirability may, in lieu of issuing a subpoena or summons, order that a witness be forthwith taken into custody and delivered to an officer of the requesting state, provided, however, that the witness may be admitted to bail in the amount as may be fixed by the judge upon condition that the witness will appear at the time and place specified in the subpoena or summons served upon him.</text> </level> <level label="d"> <text>If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-303" title_number="9" title_name="Witnesses" subtitle_number="3" subtitle_name="Attendance of Witnesses From Without a State"> <level label="a"> <text>If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand jury investigation which has commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. A certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure his attendance in this State, unless the witness shall be admitted to bail by the appropriate authority, upon condition that the witness will appear at the time and place specified in the subpoena or summons served upon him. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.</text> </level> <level label="b"> <text>If the witness is summoned to attend and testify in this State he shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and $5 for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-304" title_number="9" title_name="Witnesses" subtitle_number="3" subtitle_name="Attendance of Witnesses From Without a State"> <level label="a"> <text>If a person comes into this State in obedience to a summons directing him to attend and testify in this State he shall not while in this State pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.</text> </level> <level label="b"> <text>If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-305" title_number="9" title_name="Witnesses" subtitle_number="3" subtitle_name="Attendance of Witnesses From Without a State"> <text>This subtitle shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-306" title_number="9" title_name="Witnesses" subtitle_number="3" subtitle_name="Attendance of Witnesses From Without a State"> <text>This subtitle may be cited as the Maryland Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-401" title_number="9" title_name="Witnesses" subtitle_number="4" subtitle_name="Maryland Uniform Interstate Depositions and Discovery Act"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Foreign jurisdiction” means a state other than this State.</text> </level> <level label="c"> <text>“Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.</text> </level> <level label="d"> <text>“Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.</text> </level> <level label="e"> <text>“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.</text> </level> <level label="f"> <text>“Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to:</text> <level label="1"> <text>Attend and give testimony at a deposition;</text> </level> <level label="2"> <text>Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or</text> </level> <level label="3"> <text>Permit inspection of premises under the control of the person.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-402" title_number="9" title_name="Witnesses" subtitle_number="4" subtitle_name="Maryland Uniform Interstate Depositions and Discovery Act"> <level label="a"> <level label="1"> <text>In this subsection, “legally protected health care” has the meaning stated in § 2–312 of the State Personnel and Pensions Article.</text> </level> <level label="2"> <level label="i"> <text>To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of the circuit court for the county in which discovery is sought to be conducted in this State.</text> </level> <level label="ii"> <text>The request under subparagraph (i) of this paragraph shall include a sworn, written statement signed under penalty of perjury by the party seeking enforcement, or the party’s counsel, that no portion of the subpoena is intended or anticipated to further any investigation or proceeding related to legally protected health care, unless the out–of–state proceeding is:</text> <level label="1"> <text>Based in tort, contract, or statute;</text> </level> <level label="2"> <text>A claim for which a similar or equivalent claim would exist in the State; and</text> </level> <level label="3"> <level label="A"> <text>Brought by the patient who received legally protected health care, or the patient’s legal representative; or</text> </level> </level> <level label="B"> <text>Based on conduct that would be prohibited under the laws of this State.</text> </level> </level> </level> <level label="3"> <text>A request for the issuance of a subpoena under this subtitle does not constitute an appearance in the courts of this State.</text> </level> </level> <level label="b"> <text>When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.</text> </level> <level label="c"> <text>A subpoena under subsection (b) of this section shall:</text> <level label="1"> <text>Incorporate the terms used in the foreign subpoena; and</text> </level> <level label="2"> <text>Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-403" title_number="9" title_name="Witnesses" subtitle_number="4" subtitle_name="Maryland Uniform Interstate Depositions and Discovery Act"> <text>A subpoena issued by a clerk of court under § 9–402 of this subtitle shall be served in compliance with Maryland Rule 2–510.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-404" title_number="9" title_name="Witnesses" subtitle_number="4" subtitle_name="Maryland Uniform Interstate Depositions and Discovery Act"> <text>Title 2, Chapter 400 of the Maryland Rules and Maryland Rule 2–510 apply to subpoenas issued under § 9–402 of this subtitle.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-405" title_number="9" title_name="Witnesses" subtitle_number="4" subtitle_name="Maryland Uniform Interstate Depositions and Discovery Act"> <text>An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 9–402 of this subtitle shall comply with the rules and statutes of this State and be submitted to the circuit court for the county in which discovery is to be conducted.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-406" title_number="9" title_name="Witnesses" subtitle_number="4" subtitle_name="Maryland Uniform Interstate Depositions and Discovery Act"> <text>In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-407" title_number="9" title_name="Witnesses" subtitle_number="4" subtitle_name="Maryland Uniform Interstate Depositions and Discovery Act"> <text>This subtitle may be cited as the Maryland Uniform Interstate Depositions and Discovery Act.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="9-501" title_number="9" title_name="Witnesses" subtitle_number="5" subtitle_name="Court Dog Program"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Child witness” means a witness who is a minor when the witness testifies in a court proceeding.</text> </level> <level label="3"> <text>“Facility dog” means a dog that has:</text> <level label="i"> <text>Graduated from a program of an assistance dog organization that is a member of a nationally recognized assistance dog association; and</text> </level> <level label="ii"> <text>Been teamed with a facility dog handler.</text> </level> </level> <level label="4"> <text>“Facility dog handler” means a person who has received training on:</text> <level label="i"> <text>Offering the person’s animal for assistance purposes from an organization accredited by Assistance Dogs International or an equivalent organization; and</text> </level> <level label="ii"> <text>Court protocol and policies, including the expected role of an animal assistance team and how not to interfere with evidence collection or the effective administration of justice.</text> </level> </level> <level label="5"> <text>“Program” means the Court Dog Program.</text> </level> <level label="6"> <text>“Therapy dog” means a dog that has:</text> <level label="i"> <text>Received training to provide affection and comfort to individuals who need emotional support;</text> </level> <level label="ii"> <text>Been teamed with a therapy dog handler; and</text> </level> <level label="iii"> <level label="1"> <text>Graduated from a program operated by an organization that registers or certifies therapy dogs and their handlers to meet or exceed the standards of practice in animal–assisted interventions; or</text> </level> <level label="2"> <text>Been specially trained to provide emotional support to witnesses testifying in judicial proceedings without causing a distraction.</text> </level> </level> </level> <level label="7"> <text>“Therapy dog handler” means a person who has received training on:</text> <level label="i"> <text>Offering the person’s animal for assistance purposes from an organization that insures, registers, or certifies therapy dogs and their handlers; and</text> </level> <level label="ii"> <text>Court protocol and policies, including the expected role of an animal assistance team and how not to interfere with evidence collection or the effective administration of justice.</text> </level> </level> <level label="8"> <text>“Veteran” has the meaning stated in § 9–901 of the State Government Article.</text> </level> <level label="9"> <text>“Veterans treatment court” means a court–supervised, comprehensive, and voluntary treatment–based program for veterans.</text> </level> </level> <level label="b"> <level label="1"> <text>There is a Court Dog Program.</text> </level> <level label="2"> <text>The Program shall be:</text> <level label="i"> <text>In the circuit court of each county that participates in the Program; and</text> </level> <level label="ii"> <text>In the District Court of each county that participates in the Program, if the District Court offers a veterans treatment court program.</text> </level> </level> <level label="3"> <text>Participation in the Program shall be voluntary.</text> </level> <level label="4"> <text>A participating court shall adhere to the procedures adopted in accordance with this section by the Administrative Office of the Courts.</text> </level> </level> <level label="c"> <text>The purposes of the Program are to:</text> <level label="1"> <text>In a circuit court that participates in the Program, provide a facility dog or therapy dog to a child witness in the circuit court proceeding or other related court process, meeting, or interview in the State, including:</text> <level label="i"> <text>An in camera review or other interaction with a judge or a magistrate;</text> </level> <level label="ii"> <text>A meeting with an attorney, best interest attorney, privilege attorney, or other specialized attorney; or</text> </level> <level label="iii"> <text>A meeting with a custody evaluator; and</text> </level> </level> <level label="2"> <text>In a circuit court or District Court that offers a veterans treatment court program, provide a facility dog or therapy dog to a veteran participating in a veterans treatment court proceeding or other related court process or meeting in the State, including:</text> <level label="i"> <text>A status review with a judge or magistrate;</text> </level> <level label="ii"> <text>A meeting with an attorney; or</text> </level> <level label="iii"> <text>A meeting with a probation, pretrial, or court case manager.</text> </level> </level> </level> <level label="d"> <text>To accomplish the purpose of the Program, the Administrative Office of the Courts shall:</text> <level label="1"> <text>Develop a plan to implement the Program;</text> </level> <level label="2"> <text>Establish the procedures that a party in a court proceeding must follow to request that a therapy dog and therapy dog handler or facility dog and facility dog handler assist a child witness or a veteran participating in a veterans treatment court; and</text> </level> <level label="3"> <text>Ensure that the details of the Program are publicly available.</text> </level> </level> <level label="e"> <text>The Administrative Office of the Courts may adopt procedures to implement this section.</text> </level> </section>