Maryland HB 487: Judicial Elections - Retention and Frequency

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0487*

HOUSE BILL 487
G1, D1 CONSTITUTIONAL AMENDMENT 9lr2422

By: Delegate Dumais
Introduced and read first time: February 1, 2019
Assigned to: Judiciary and Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Judicial Elections – Retention and Frequency 2

FOR the purpose of proposing an amendment to the Maryland Constitution to increase the 3
number of years between successive retention elections for judges of the Court of 4
Appeals and Court of Special Appeals; proposing an amendment to the Maryland 5
Constitution to provide for retention elections for judges of the Circuit Court; making 6
stylistic changes; and submitting this amendment to the qualified voters of the State 7
for their adoption or rejection. 8

BY proposing an amendment to the Maryland Constitution 9
Article IV – Judiciary Department 10
Section 3 and 5A 11

BY proposing an addition to the Maryland Constitution 12
Article IV – Judiciary Department 13
Section 5B 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 16
proposed that the Maryland Constitution read as follows: 17

Article IV – Judiciary Department 18

3. 19

Except for the Judges of the District Court AND THE CIRCUIT COURT, the Judges 20
of the several Courts other than the Court of Appeals or any intermediate courts of appeal 21
shall, subject to the provisions of Section 5 of this Article of the Constitution, be elected in 22
Baltimore City and in each county, by the qualified voters of the city and of each county, 23
respectively, all of the said Judges to be elected at the general election to be held on the 24

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Tuesday after the first Monday in November, as now provided for in the Constitution. Each 1
of the said Judges shall hold [his] THE office for the term of fifteen years from the time of 2
[his] THE JUDGE’S election, and until [his] A successor is elected and qualified, or until 3
[he] THE JUDGE shall have attained the age of seventy years, whichever may first happen, 4
and be reeligible thereto until [he] THE JUDGE shall have attained the age of seventy 5
years, and not after. In case of the inability of any of said Judges to discharge [his] THE 6
JUDGE’S duties with efficiency, by reason of continued sickness, or of physical or mental 7
infirmity, it shall be in the power of the General Assembly, two–thirds of the members of 8
each House concurring, with the approval of the Governor to retire said Judge from office. 9

5A. 10

(a) A vacancy in the office of a judge of an appellate court, whether occasioned by 11
the death, resignation, removal, retirement, disqualification by reason of age, or rejection 12
by the voters of an incumbent, the creation of the office of a judge, or otherwise, shall be 13
filled as provided in this section. 14

(b) Upon the occurrence of a vacancy the Governor shall appoint, by and with the 15
advice and consent of the Senate, a person duly qualified to fill said office who shall hold 16
the same until the election for continuance in office as provided in subsections (c) and (d). 17

(c) The continuance in office of a judge of the Court of Appeals is subject to 18
approval or rejection by the registered voters of the appellate judicial circuit from which 19
[he] THE JUDGE was appointed at the next general election following the expiration of one 20
year from the date of the occurrence of the vacancy which [he] THE JUDGE was appointed 21
to fill, and at the general election next occurring every [ten] TWELVE years thereafter. 22

(d) The continuance in office of a judge of the Court of Special Appeals is subject 23
to approval or rejection by the registered voters of the geographical area prescribed by law 24
at the next general election following the expiration of one year from the date of the 25
occurrence of the vacancy which [he] THE JUDGE was appointed to fill, and at the general 26
election next occurring every [ten] TWELVE years thereafter. 27

(e) The approval or rejection by the registered voters of a judge as provided for in 28
subsections (c) and (d) shall be a vote for the judge’s retention in office for a term of [ten] 29
TWELVE years or [his] THE JUDGE’S removal. The judge’s name shall be on the 30
appropriate ballot, without opposition, and the voters shall vote yes or no for [his] THE 31
JUDGE’S retention in office. If the voters reject the retention in office of a judge, or if the 32
vote is tied, the office becomes vacant ten days after certification of the election returns. 33

(f) An appellate court judge shall retire when [he] THE JUDGE attains [his] THE 34
JUDGE’S seventieth birthday. 35

(g) A member of the General Assembly who is otherwise qualified for 36
appointment to judicial office is not disqualified by reason of [his] membership in a General 37

HOUSE BILL 487 3

Ass