In Re Formal Inquiry Concerning Judge Diener

Barnes, Smith and Digges, JJ., dissent and Smith, J., *662filed a dissenting opinion in which DlGGES, J., concurs and Barnes, J., concurs in part at page 697 infra. Barnes, J., filed a dissenting opinion at page 727 infra.

Here, for the first time, we must review a report and recommendation from the Commission on Judicial Disabilities, which found as a fact that Judge A. Jerome Diener and Judge Joseph L. Broccolino, Jr., now judges of the District Court of Maryland, engaged in conduct prejudicial to the proper administration of justice while serving as judges of the Traffic Division of the…