MD Supreme Court weighs removal of Anne Arundel Judge Marc Knapp

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ANNAPOLIS — The Maryland Supreme Court heard arguments Thursday about whether to remove Anne Arundel County Orphans’ Court Judge Marc Knapp.

Counsel for the Maryland Commission on Judicial Disabilities, which investigates misconduct by judges, argued Knapp should be immediately disbarred by a per curiam order by the state’s high court.

Kendra Jolivet, executive counsel for the Commission on Judicial Disabilities, said his conduct in a protracted conflict with fellow Judge Vickie 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.

Knapp was not present. His lawyer, William C. Brennan Jr., asked for lighter discipline, such as more training or suspension without pay. He argued that the court should consider Knapp’s and Gipson’s cases together; Jolivet said they are separate.

“I’m not saying it doesn’t merit some sanction by the court,” Brennan said, adding he “will not try to justify” much of his conduct.

Jolviet said: “Judge Knapp has had opportunities. He is undeterred.”

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. If the Supreme Court removes him, he could return to office anyway. 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 can remove Knapp from office but cannot disbar him 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 might be updated.