EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0868*
HOUSE BILL 868
D1 CONSTITUTIONAL AMENDMENT 2lr0554
By: Howard County Delegation
Introduced and read first time: February 7, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Circuit Court for Howard County – Judges Sitting as Orphans’ Court 2
Ho. Co. 06–22 3
FOR the purpose of requiring the judges of the Circuit Court for Howard County to sit as 4
the Orphans’ Court for Howard County; repealing a requirement that the qualified 5
voters of Howard County elect three Orphans’ Court judges for the county ; 6
exempting Howard County from a provision of law authorizing a party to appeal a 7
final judgment of an orphans’ court to the circuit court of the county; and generally 8
relating to the Circuit Court and Orphans’ Court for Howard County. 9
BY proposing an amendment to the Maryland Constitution 10
Article IV – Judiciary Department 11
Section 20 and 40 12
BY repealing and reenacting, with amendments, 13
Article – Courts and Judicial Proceedings 14
Section 12–502(a) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 19
proposed that the Maryland Constitution read as follows: 20
Article IV – Judiciary Department 21
20. 22
(a) There shall be a Circuit Court for each County and for Baltimore City. The 23
Circuit Courts shall have and exercise, in the respective counties, and Baltimore City, all 24 2 HOUSE BILL 868
the power, authority and jurisdiction, original and appellate, which the Circuit Courts of 1
the counties exercised on the effective date of these amendments, and the greater or lesser 2
jurisdiction hereafter prescribed by law. 3
(b) The judges of the Circuit Courts for HOWARD, Montgomery, and Harford 4
Counties shall each, alternately and in rotation and on schedules to be established by those 5
judges, sit as an Orphans’ Court for their County, and shall have and exercise all the power, 6
authority and jurisdiction which the present Orphans’ Courts now have and exercise, or 7
which may hereafter be provided by law. 8
40. 9
(a) The qualified voters of the several Counties, except HOWARD COUNTY, 10
Montgomery County, and Harford County, shall elect three Judges of the Orphans’ Courts 11
of Counties who shall be citizens of the State and residents, for the twelve months 12
preceding, in the County for which they may be elected. 13
(b) The qualified voters of the City of Baltimore shall elect three Judges of the 14
Orphans’ Court for Baltimore City who shall be citizens of the State and residents, for the 15
twelve months preceding, in Baltimore City and who have been admitted to practice law in 16
this State and are members in good standing of the Maryland Bar. 17
(c) The qualified voters of Prince George’s County shall elect three Judges of the 18
Orphans’ Court for Prince George’s County who shall be citizens of the State and residents, 19
for the twelve months preceding, in Prince George’s County and who have been admitted 20
to practice law in this State and are members in good standing of the Maryland Bar. 21
(d) The qualified voters of Baltimore County shall elect three Judges of the 22
Orphans’ Court for Baltimore County who shall be citizens of the State and residents, for 23
the twelve months preceding, in Baltimore County and who have been admitted to practice 24
law in this State and are members in good standing of the Maryland Bar. 25
(e) The Judges shall have all the powers now vested in the Orphans’ Courts of the 26
State, subject to such changes as the Legislature may prescribe. 27
(f) Each of the Judges shall be paid such compensation as may be regulated by 28
Law, to be paid by the City or Counties, respectively. 29
(g) In case of a vacancy in the office of Judge of the Orphans’ Court, the Governor 30
shall appoint, subject to confirmation or rejection by the Senate, some suitable person to 31
fill the vacancy for the residue of the term. 32
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 33
as follows: 34
Article – Courts and Judicial Proceedings 35
HOUSE BILL 868 3
12–502. 1
(a) (1) (i) Instead of a direct appeal to the Court of Special Appeals under 2
§ 12–501 of this subtitle, a party may appeal to the circuit court for the county from a final 3
judgment of an orphans’ court. 4
(ii) The appeal shall be heard de novo by the circuit court. 5
(iii) The de novo appeal shall be treated as if it were a new proceeding 6
and as if there had never been a prior hearing or judgment by the orphans’ court. 7
(iv) The circuit court shall give judgment according to the equity of 8
the matter. 9
(2) This subsection does not apply to Harford County, HOWARD COUNTY, 10
or Montgomery County. 11
SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 12
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 13
Act affects only one county and that the provisions of Article XIV, § 1 of the Maryland 14
Constitution concerning local approval of constitutional amendments apply. 15
SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the 16
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 17
voters of the State at the next general election to be held in November 2022 for adoption or 18
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 19
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 20
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 21
the Constitutional Amendment”, as now provided by law. Immediately after the election, 22
all returns shall be made to the Governor of the vote for and against the proposed 23
amendment, as directed by Article XIV of the Maryland Constitution, and further 24
proceedings had in accordance with Article XIV. 25
SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 26
contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 27
ratification by the voters of the State. 28
SECTION 6. AND BE IT FURTHER ENACTED, That, subject to the provisions of 29
Section 5 of this Act, Section 2 of this Act shall take effect on the proclamation of the 30
Governor that the constitutional amendment, having received a majority of the votes cast 31
at the general election, has been adopted by the people of Maryland. 32