EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0879*
HOUSE BILL 879
N2, G1 2lr2870
CF SB 485
By: Delegates Buckel and Atterbeary
Introduced and read first time: February 7, 2022
Assigned to: Judiciary and Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Orphans’ Court Judges – Election and Restriction on Practicing Law 2
FOR the purpose of prohibiting a candidate for judge of the orphans’ court from appearing 3
on the ballot in a primary election or being nominated by a political party or by 4
petition; prohibiting judges of the orphans’ court from acting as an attorney during 5
their term of office in any matter that is within the jurisdiction of the court and 6
related to the administration of an estate or guardianship of a minor; and generally 7
relating to judges of the orphans’ court. 8
BY repealing and reenacting, with amendments, 9
Article – Election Law 10
Section 5–303(a), 5–703(a), 5–703.1(a), and 9–210(a)(7) and (g)(3) 11
Annotated Code of Maryland 12
(2017 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Election Law 15
Section 5–303(e); and 8–901 through 8–905 to be under the new subtitle “Subtitle 9. 16
Orphans’ Court Judges” 17
Annotated Code of Maryland 18
(2017 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – Election Law 21
Section 5–703(b) and 5–703.1(b) 22
Annotated Code of Maryland 23
(2017 Replacement Volume and 2021 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – Estates and Trusts 26
Section 2–101 27 2 HOUSE BILL 879
Annotated Code of Maryland 1
(2017 Replacement Volume and 2021 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Estates and Trusts 4
Section 2–109 5
Annotated Code of Maryland 6
(2017 Replacement Volume and 2021 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Election Law 10
5–303. 11
(a) Except as provided in subsections (b), (c), [and] (d), AND (E) of this section: 12
(1) in the year in which the Governor is elected, a certificate of candidacy 13
shall be filed not later than 9 p.m. on the last Tuesday in February in the year in which the 14
primary election will be held; and 15
(2) for any other regularly scheduled election, a certificate of candidacy 16
shall be filed not later than 9 p.m. on the 95th day before the day on which the primary 17
election will be held. 18
(E) A CANDIDATE FOR JUDGE OF THE ORPHANS ’ COURT SHALL FILE A 19
CERTIFICATE OF CANDI DACY NOT LATER THAN 5 P.M. ON THE FIRST MONDAY IN 20
AUGUST IN THE YEAR OF THE GENERAL ELECTION FOR THE OFFICE . 21
5–703. 22
(a) Except for a candidate for a nonpartisan county board of education OR A 23
CANDIDATE FOR JUDGE OF THE ORPHANS ’ COURT, this section applies to any candidate 24
for public office subject to this title. 25
(b) A candidate for a public office may be nominated by petition under this 26
subtitle if the candidate is not affiliated with any political party. 27
5–703.1. 28
(a) Except for a candidate for a nonpartisan county board of education OR A 29
CANDIDATE FOR JUDGE OF THE ORPHANS ’ COURT, this section applies to any candidate 30
for public office subject to this title. 31
(b) A candidate for a public office may be nominated by a political party under 32 HOUSE BILL 879 3
this subtitle if the political party is not required to nominate its candidates by party 1
primary. 2
SUBTITLE 9. ORPHANS’ COURT JUDGES. 3
8–901. 4
EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE AND ARTICLE IV OF THE 5
MARYLAND CONSTITUTION, THE PROVISIONS OF TH IS ARTICLE RELATING TO THE 6
ELECTION OF CANDIDAT ES TO PUBLIC OFFICE SHALL GOVERN THE ELECTION OF 7
ORPHANS’ COURT JUDGES . 8
8–902. 9
(A) ORPHANS’ COURT JUDGES SHALL B E ELECTED ON A NONPA RTISAN 10
BASIS. 11
(B) CANDIDATES FOR ELECTI ON AS AN ORPHANS ’ COURT JUDGE SHALL , 12
WITHOUT PARTY DESIGN ATION OR REGARD TO P ARTY AFFILIATION: 13
(1) FILE CERTIFICATES OF CANDIDACY; 14
(2) BE CERTIFIED TO BE O N THE BALLOT; 15
(3) APPEAR ON THE BALLOT ; 16
(4) BE VOTED ON; AND 17
(5) BE ELECTED. 18
8–903. 19
(A) A CANDIDATE FOR ORPHAN S’ COURT JUDGE MAY NOT APPEAR ON THE 20
BALLOT IN A PRIMARY ELECTION . 21
(B) A CANDIDATE FOR ORPHAN S’ COURT JUDGE SHALL FI LE A CERTIFICATE 22
OF CANDIDACY BY THE TIME PRESCRIBED IN § 5–303 OF THIS ARTICLE. 23
(C) THE CERTIFICATE OF CA NDIDACY FOR A CANDID ATE FOR ORPHANS ’ 24
COURT JUDGE SHALL CO MPLY WITH THE REQUIR EMENTS FOR A CERTIFICA TE OF 25
CANDIDACY UNDER TITLE 5, SUBTITLE 3 OF THIS ARTICLE. 26
8–904. 27
4 HOUSE BILL 879
(A) (1) IF A CANDIDATE FOR OR PHANS’ COURT JUDGE DIES OR BECOMES 1
DISQUALIFIED MORE TH AN 65 DAYS BEFORE THE GENE RAL ELECTION , THE NAME 2
OF THE CANDIDATE MAY NOT APPEAR ON THE BALLOT. 3
(2) IF THE NUMBER OF REMA INING CANDIDATES IS LESS THAN THE 4
NUMBER OF OFFICES TO BE FILLED, THE OFFICE SHALL BE DEEMED VACANT AND 5
SHALL BE FILLED AS I F THE VACANCY OCCURR ED DURING THE TERM O F OFFICE. 6
(B) (1) IF A CANDIDATE DIES O R IS DISQUALIFIED 65 DAYS OR LESS 7
BEFORE THE GENERAL E LECTION, THE NAME OF THE CAND IDATE SHALL REMAIN O N 8
THE BALLOT. 9
(2) IF THAT CANDIDATE REC EIVES SUFFICIENT VOT ES TO HAVE BEEN 10
ELECTED, THE OFFICE SHALL BE DEEMED VACANT AND SH ALL BE FILLED AS IF THE 11
VACANCY OCCU RRED DURING THE TERM OF OFFICE. 12
8–905. 13
(A) IN THE GENERAL ELECTI ON FOR AN ORPHANS ’ COURT JUDGE , A VOTER 14
MAY VOTE FOR A NUMBE R OF CANDIDATES EQUA L TO THE NUMBER OF O RPHANS’ 15
COURT JUDGES TO BE E LECTED. 16
(B) (1) THE CANDIDATES , EQUAL IN NUMBER TO T HE NUMB ER OF 17
OFFICES TO BE FILLED , WHO RECEIVE THE LARG EST NUMBER OF VOTES IN THE 18
GENERAL ELECTION SHA LL BE DECLARED ELECT ED. 19
(2) IF TWO OR MORE CANDID ATES EACH RECEIVE TH E LOWEST 20
NUMBER OF VOTES NECE SSARY TO QUALIFY FOR ELECTION, CREATING A TIE FOR 21
THE LAST OFFICE TO BE FILLED , THE OFFICE SHALL BE CONSIDERED VACANT AN D 22
SHALL BE FILLED AS I F THE VACANCY OCCURR ED DURING THE TERM O F OFFICE. 23
9–210. 24
(a) The offices to be voted on shall be arranged on the ballot in the following order, 25
as applicable: 26
(7) public offices for which the voters of a county may vote, in the following 27
order: 28
(i) county treasurer; 29
(ii) State’s Attorney; 30
(iii) clerk of the circuit court; 31 HOUSE BILL 879 5
(iv) register of wills; 1
(v) [judge of the orphans’ court; 2
(vi)] sheriff; and 3
[(vii)] (VI) other offices filled by partisan election; 4
(g) (3) The names of candidates for judge of the circuit court, JUDGE OF THE 5
ORPHANS’ COURT, or for a county board of education, and the names of incumbent 6
appellate judges, shall be placed on the ballot without a party label or other distinguishing 7
mark or location which might indicate party affiliation. 8
Article – Estates and Trusts 9
2–101. 10
In the estates of decedents law, the word “court” means the orphans’ court in a 11
county, or the court exercising the jurisdiction of the orphans’ court in a county. 12
2–109. 13
[(a) Except as provided in subsection (b) of this section, a] A judge of the court may 14
not act as an attorney at law in a civil or criminal matter during a term of office IF THE 15
MATTER IS: 16
(1) WITHIN THE JURISDICTI ON OF THE COURT IN A NY COUNTY; AND 17
(2) RELATED TO THE ADMINI STRATION OF AN ESTAT E OR A 18
GUARDIANSHIP OF A MI NOR. 19
[(b) This section does not apply: 20
(1) In Harford County; 21
(2) In Montgomery County; 22
(3) In Baltimore City, to a judge of the Court while practicing law before 23
any court of the State except an orphans’ court; or 24
(4) In Prince George’s County, Baltimore County, Calvert County, and 25
Howard County, to a judge of the Court while practicing law in connection with a case that 26
is: 27
(i) Outside the jurisdiction of orphans’ court; and 28 6 HOUSE BILL 879
(ii) Unrelated to the administration of an estate or guardianship.] 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2022. 3