and on June 25, 2002, recommended to the Commission that disciplinary charges be filed. The Commission filed its disciplinary petition on October 23,2002, more than three years after the complaint against respondent was filed. On December 20, 2002, respondent filed a Motion to Dismiss, a Response to Petition for Disciplinary or Remedial Action, and a Request for a Hearing in the Circuit Court for Washington County. On March 31, 2003, Judge Boone heard arguments regarding the Motion to Dismiss. Finding that the Circuit Court lacked the authority to rule on the motion, Judge Boone denied the motion. We note that Judge Boone was correct in denying respondent’s Motion to Dismiss. See Attorney Grievance Commission of Maryland v. Harris, 310 Md. 197, 200 n. 2, 528 A.2d 895, 896 n. 2 (1987) (<HOLDING>). Respondent’s Motion to Dismiss is denied. His
holding that when an appellate court determines that it lacks jurisdiction the only thing it can do is dismiss the appeal holding that the hearing judge in attorney discipline matters lacks authority to dismiss the petition holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter recognizing that a federal court is obliged to dismiss a case whenever it appears the court lacks subject matter jurisdiction holding that the discretionary function does not apply where the decisionmaker lacks authority