Maryland 2022 Regular Session

Maryland House Bill HB951 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0951
6	6
7	7	HOUSE BILL 951
8	8	N2, D1 CONSTITUTIONAL AMENDMENT 2lr2847
9	9	CF 2lr1541
10	10	By: Delegate Buckel
11	11	Introduced and read first time: February 10, 2022
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Estates and Trusts – Cross–Jurisdictional Probate Judges 2
19	19
20	20	FOR the purpose of creating the office of cross–jurisdictional probate judge in each judicial 3
21	21	circuit; authorizing a cross–jurisdictional probate judge to adjudicate matters within 4
22	22	the jurisdiction of the orphans’ court on the request of an interested person; and 5
23	23	generally relating to cross–jurisdictional probate judges. 6
24	24
25	25	BY proposing an addition to the Maryland Constitution 7
26	26	Article IV – Judiciary Department 8
27	27	Section 40A 9
28	28
29	29	BY repealing and reenacting, with amendments, 10
30	30	Article – Courts and Judicial Proceedings 11
31	31	Section 12–701(a) 12
32	32	Annotated Code of Maryland 13
33	33	(2020 Replacement Volume and 2021 Supplement) 14
34	34
35	35	BY repealing and reenacting, with amendments, 15
36	36	Article – Estates and Trusts 16
37	37	Section 2–105 17
38	38	Annotated Code of Maryland 18
39	39	(2017 Replacement Volume and 2021 Supplement) 19
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
42	42	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 21
43	43	proposed that the Maryland Constitution read as follows: 22
44	44
45	45	Article IV – Judiciary Department 23
46	46
47	47	40A. 24 2 HOUSE BILL 951
48	48
49	49
50	50
51	51	(A) THE JUDGES OF EACH JU DICIAL CIRCUIT SHALL APPOINT ONE OR MORE 1
52	52	CROSS–JURISDICTIONAL PROBA TE JUDGES FROM EACH JUDICIAL CIRCUIT . 2
53	53
54	54	(B) A CROSS–JURISDICTIONAL PROBA TE JUDGE SHALL HAVE THE 3
55	55	AUTHORITY TO ADJUDIC ATE ANY MATTER WITHI N THE JURISDICTION O F THE 4
56	56	ORPHANS’ COURT WHERE AN INTERE STED PERSON REQUESTS ADJUDICATION BY A 5
57	57	CROSS–JURISDICTIONAL PROBA TE JUDGE. 6
58	58
59	59	(C) (1) CROSS–JURISDICTIONAL PROBA TE JUDGES SHALL BE C ITIZENS 7
60	60	OF THE STATE AND QUALIFIED V OTERS UNDER THIS CONSTITUTION, AND SHALL 8
61	61	HAVE RESIDED NOT LES S THAN 12 MONTHS PRECEDING APP OINTMENT IN THE 9
62	62	JUDICIAL CIRCUIT . 10
63	63
64	64	(2) CROSS–JURISDICTIONAL PROBA TE JUDGES SHALL BE SELECTED 11
65	65	FROM THOSE ADMITTED TO PRACTICE LAW IN T HE STATE, AND WHO ARE MOST 12
66	66	DISTINGUISHED FOR IN TEGRITY, WISDOM, AND SOUND LEGAL KNOW LEDGE. 13
67	67
68	68	(D) (1) EACH CROSS–JURISDICTIONAL PROBA TE JUDGE SHALL SERVE 14
69	69	FOR A TERM OF 6 YEARS AND SHALL BE E LIGIBLE FOR REAPPOINTMENT . 15
70	70
71	71	(2) IF A CROSS–JURISDICTIONAL PROBA TE JUDGE LEAVES OFFI CE 16
72	72	BEFORE THE EXPIRATIO N OF THE CROSS –JURISDICTIONAL PROBA TE JUDGE’S 17
73	73	TERM, THE JUDGES OF THE JU DICIAL CIRCUIT SHALL APPOINT A QUALIFIED 18
74	74	INDIVIDUAL TO SERVE FOR THE REMAINDER OF THE TERM. 19
75	75
76	76	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
77	77	as follows: 21
78	78
79	79	Article – Courts and Judicial Proceedings 22
80	80
81	81	12–701. 23
82	82
83	83	(a) (1) An appeal from an orphans’ court or a [circuit court] 24
84	84	CROSS–JURISDICTIONAL PROBA TE JUDGE stays all proceedings in the orphans’ court 25
85	85	concerning the issue appealed. 26
86	86
87	87	(2) An appeal from an orphans’ court or a [circuit court] 27
88	88	CROSS–JURISDICTIONAL PROBA TE JUDGE does not stay any proceedings in the orphans’ 28
89	89	court that do not concern the issue appealed, if the orphans’ court can provide for 29
90	90	conforming to the decision of the appellate court. 30
91	91
92	92	(3) (i) An appeal from a final order of an orphans’ court or a [circuit 31
93	93	court] CROSS–JURISDICTIONAL PROBA TE JUDGE removing a personal representative 32 HOUSE BILL 951 3
94	94
95	95
96	96	does not stay an order appointing a successor personal representative or special 1
97	97	administrator. 2
98	98
99	99	(ii) If an appeal is filed from the final order of an orphans’ court or a 3
100	100	[circuit court] CROSS–JURISDICTIONAL PROBA TE JUDGE removing a personal 4
101	101	representative and the court appointed a successor personal representative, the successor 5
102	102	personal representative shall have the powers of a special administrator. 6
103	103
104	104	Article – Estates and Trusts 7
105	105
106	106	2–105. 8
107	107
108	108	(a) In a controversy in the court, an issue of fact may be determined by the court. 9
109	109
110	110	(b) (1) At the request of an interested person made within the time determined 10
111	111	by the court, the issue of fact may be determined by a [court of law] 11
112	112	CROSS–JURISDICTIONAL PROBA TE JUDGE. 12
113	113
114	114	(2) When the request is made before the court has determined the issue of 13
115	115	fact, the court shall transmit the issue to a [court of law] CROSS–JURISDICTIONAL 14
116	116	PROBATE JUDGE . 15
117	117
118	118	(c) After the determination of the issue, whether by the court or after 16
119	119	transmission to a [court of law] CROSS–JURISDICTIONAL PROBA TE JUDGE, the court 17
120	120	shall enter an appropriate judgment or decree. 18
121	121
122	122	(d) This section does not apply where the estate is administered under the 19
123	123	jurisdiction of a court having general equity jurisdiction. 20
124	124
125	125	SECTION 3. AND BE IT FURTHER ENACTED, That the Gener al Assembly 21
126	126	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 22
127	127	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 23
128	128	Constitution concerning local approval of constitutional amendments do not apply. 24
129	129
130	130	SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the 25
131	131	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 26
132	132	voters of the State at the next general election to be held in November 2022 for adoption or 27
133	133	rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 28
134	134	the vote on the proposed amendment to the Constitution shall be by ballot, and on each 29
135	135	ballot there shall be printed the words “For the Constitutional Amendment” and “Against 30
136	136	the Constitutional Amendment”, as now provided by law. Immediately after the election, 31
137	137	all returns shall be made to the Governor of the vote for and against the proposed 32
138	138	amendment, as directed by Article XIV of the Maryland Consti tution, and further 33
139	139	proceedings had in accordance with Article XIV. 34
140	140
141	141	SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 35 4 HOUSE BILL 951
142	142
143	143
144	144	contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 1
145	145	ratification by the voters of the State. 2
146	146
147	147	SECTION 6. AND BE IT FURTHER ENACTED, That, subject to the provisions of 3
148	148	Section 5 of this Act, Section 2 of this Act shall take effect on the proclamation of the 4
149	149	Governor that the constitutional amendment, having received a majority of the votes cast 5
150	150	at the general election, has been adopted by the people of Maryland. 6
151	151