MD Supreme Court removes Anne Arundel Judge Marc Knapp

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ANNAPOLIS — Just hours after hearing oral arguments, the Maryland Supreme Court removed Anne Arundel County Orphans’ Court Judge Marc Knapp from office on Thursday afternoon.

In a brief per curiam order, the court granted the request of the Maryland Commission on Judicial Disabilities, which had asked that Knapp be removed on an expedited basis. Knapp’s counsel, William C. Brennan Jr., had asked that the court consider his case and that of fellow judge Vickie Gipson, who is also facing discipline, together.

The ruling was not a surprise after most of the justices asked pointed questions about Knapp’s personal conflict with Gipson, at times shaking their heads and making skeptical faces.

Senior Justice Glenn Harrell Jr., who was specially assigned asked Brennan, for example, “What in the record indicates efforts by your client to get along (with Gipson)?”

Brennan said he would “not try to justify” Knapp’s conduct but argued for lesser sanctions, such as more training or suspension without pay.

“I’m not saying it doesn’t merit some sanction by the court,” Brennan said.

Knapp was not present Thursday. Brennan declined to comment to The Daily Record.

Kendra Jolivet, executive counsel for the Commission on Judicial Disabilities, said Knapp’s conduct in a protracted conflict with Gipson was “disruptive,” “egregious” and “cumulative,” and that he displayed bias against women and people of color. She said the court has reason to remove him just for deleting recordings — potential evidence — in front of a police officer.

Jolivet said Knapp’s behavior had not changed after a temporary suspension, attempted mediations, implicit bias training and at least one conversation with Maryland Supreme Court Chief Justice Matthew Fader.

“Judge Knapp is incurable,” Jolivet said.

In March, the commission recommended that the Supreme Court remove Knapp on an expedited basis. Last month, the commission also recommended that Gipson be removed, saying she refused to cooperate with the investigation by the Commission on Judicial Disabilities. Her hearing before the Supreme Court has not been scheduled.

Knapp and Gipson, the court’s chief judge, began clashing shortly into Knapp’s tenure in early 2023. They argued in the judges’ chambers and on the bench; the disciplinary commission said their shouting could be heard throughout the building that houses both their court and the Office of the Register of Wills.

Gipson prevented Knapp, who disrespected her intellect and writing ability in his testimony to the commission, from writing dissents. Saying she feared for her safety, Gipson obtained a temporary peace order against Knapp, had security personnel stationed in the chamber and twice called police to the court when Knapp didn’t do what she asked.

In one instance, an officer told Knapp to hand over his phone, and he could be seen on body-camera footage deleting recordings. He faced criminal wiretapping charges for recording his colleagues without their consent and for deleting recordings in front of police, but the charges were dropped.

Knapp is running for reelection, and he could return to office even after his removal. It’s not clear what recourse, if any, the court or the disciplinary commission would have upon his reelection. Knapp is one of four Democrats on the ballot; three Republicans are also running.

The Maryland General Assembly considered a bill this year that would have prevented judges from returning to office after removal by the Supreme Court, but it did not pass.

The court did not have the power to disbar Knapp through this proceeding. He could only be disbarred through a case initiated by the Attorney Grievance Commission. In most jurisdictions, orphans’ court judges are not required to be licensed lawyers.

Senior judges Robert McDonald and Glenn Harrell Jr., both retired from the state’s high court, sat in place of Fader and Justice Peter Killough. Justice Shirley Watts presided in Fader’s absence.

This article has been updated to reflect the court’s decision.