Disciplinary hearings begin against Anne Arundel Orphans’ Court judge

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Anne Arundel County judge Marc Knapp appeared Tuesday before the state commission that disciplines judges, with his counsel arguing his conflict with a fellow judge was a mere disagreement and that he shouldn’t be sanctioned for his conduct.

Knapp, an elected judge on the Anne Arundel County Orphans’ Court, is facing discipline by the Maryland Commission on Judicial Disabilities for his conduct in an extended conflict with Vickie Gipson, the court’s chief judge.

William Brennan Jr., Knapp’s lawyer, said Knapp spent a long career in finance before retiring at 65 and going to law school. He said that when he won election to the Orphans’ Court in 2022, he was surprised to find he was the only judge who was a member of the Maryland Bar; the position does not require a law degree. His finance career caused him to expect “precision,” “exactitude” and “competence,” which prompted the clash with Gipson, Brennan said.

“He did not come into that court at age 78 to create a ruckus,” Brennan said. “It was her way or the highway.”

The charges include failing to promote confidence in the judiciary; bias, prejudice and harassment; failure to perform his duties with competence and diligence; failure to maintain decorum; and intentionally recording his colleagues without their consent and deleting those recordings in the presence of law enforcement.

Knapp has denied any misconduct.

The commission held Tuesday’s hearing at Howard County Circuit Court in Ellicott City. The hearing was the first of three scheduled for Knapp; the others are set for Oct. 29 and 30.

Tanya Bernstein, investigative counsel for the commission, said at the beginning of the hearing that Knapp behaved unprofessionally and aggressively, interrupted his colleagues and created an “untenable” work environment.

“By his own admission, respondent did not respect his fellow judges,” she said.

When colleagues attempted to hold him accountable or establish workplace norms in the judges’ chambers, Bernstein said, Knapp was “resistant and downright defiant.”

“Any efforts to point the finger at others should be soundly rejected,” she told the 11-member commission, which is chaired by Anne Albright, an at-large judge of the Maryland Appellate Court.

Gipson is also facing disciplinary action by the Commission on Judicial Disabilities. Her final hearing is scheduled for Dec. 5. She appeared virtually at a hearing last week and presented a motion that required the proceedings to be closed to the public.

After opening statements by both sides, several members of the Anne Arundel County Police Department testified about responding to a service call from Gipson alleging a violation of a peace order. They questioned him about recordings he took; he said he was only recording himself.

During questioning, a sergeant noticed that the list of recordings was noticeably shorter than mere moments before. Knapp admitted deleting them, but said he only deleted five recordings that either had no length or lasted mere seconds, and contained no sound.

Knapp was indicted in December for unlawful interception of oral communications and misconduct in office, but prosecutors dropped the charges after a judge ruled the recordings inadmissible.

The commission also heard from David Duba, Gipson’s and Knapp’s former colleague on the court. Duba, a high school teacher, said Knapp was rude and that his tone of voice was often “elevated.” Duba said he attempted to establish workplace norms, even bringing in a mediator, but was unsuccessful.

“He would not agree to basic norms like respect for one another,” Duba said. “We couldn’t agree to any office norms.”

Knapp has the opportunity to present his side of the case at the hearings scheduled for later this month.