EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0951*
HOUSE BILL 951
N2, D1 CONSTITUTIONAL AMENDMENT 2lr2847
CF 2lr1541
By: Delegate Buckel
Introduced and read first time: February 10, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Cross–Jurisdictional Probate Judges 2
FOR the purpose of creating the office of cross–jurisdictional probate judge in each judicial 3
circuit; authorizing a cross–jurisdictional probate judge to adjudicate matters within 4
the jurisdiction of the orphans’ court on the request of an interested person; and 5
generally relating to cross–jurisdictional probate judges. 6
BY proposing an addition to the Maryland Constitution 7
Article IV – Judiciary Department 8
Section 40A 9
BY repealing and reenacting, with amendments, 10
Article – Courts and Judicial Proceedings 11
Section 12–701(a) 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Estates and Trusts 16
Section 2–105 17
Annotated Code of Maryland 18
(2017 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 21
proposed that the Maryland Constitution read as follows: 22
Article IV – Judiciary Department 23
40A. 24 2 HOUSE BILL 951
(A) THE JUDGES OF EACH JU DICIAL CIRCUIT SHALL APPOINT ONE OR MORE 1
CROSS–JURISDICTIONAL PROBA TE JUDGES FROM EACH JUDICIAL CIRCUIT . 2
(B) A CROSS–JURISDICTIONAL PROBA TE JUDGE SHALL HAVE THE 3
AUTHORITY TO ADJUDIC ATE ANY MATTER WITHI N THE JURISDICTION O F THE 4
ORPHANS’ COURT WHERE AN INTERE STED PERSON REQUESTS ADJUDICATION BY A 5
CROSS–JURISDICTIONAL PROBA TE JUDGE. 6
(C) (1) CROSS–JURISDICTIONAL PROBA TE JUDGES SHALL BE C ITIZENS 7
OF THE STATE AND QUALIFIED V OTERS UNDER THIS CONSTITUTION, AND SHALL 8
HAVE RESIDED NOT LES S THAN 12 MONTHS PRECEDING APP OINTMENT IN THE 9
JUDICIAL CIRCUIT . 10
(2) CROSS–JURISDICTIONAL PROBA TE JUDGES SHALL BE SELECTED 11
FROM THOSE ADMITTED TO PRACTICE LAW IN T HE STATE, AND WHO ARE MOST 12
DISTINGUISHED FOR IN TEGRITY, WISDOM, AND SOUND LEGAL KNOW LEDGE. 13
(D) (1) EACH CROSS–JURISDICTIONAL PROBA TE JUDGE SHALL SERVE 14
FOR A TERM OF 6 YEARS AND SHALL BE E LIGIBLE FOR REAPPOINTMENT . 15
(2) IF A CROSS–JURISDICTIONAL PROBA TE JUDGE LEAVES OFFI CE 16
BEFORE THE EXPIRATIO N OF THE CROSS –JURISDICTIONAL PROBA TE JUDGE’S 17
TERM, THE JUDGES OF THE JU DICIAL CIRCUIT SHALL APPOINT A QUALIFIED 18
INDIVIDUAL TO SERVE FOR THE REMAINDER OF THE TERM. 19
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
as follows: 21
Article – Courts and Judicial Proceedings 22
12–701. 23
(a) (1) An appeal from an orphans’ court or a [circuit court] 24
CROSS–JURISDICTIONAL PROBA TE JUDGE stays all proceedings in the orphans’ court 25
concerning the issue appealed. 26
(2) An appeal from an orphans’ court or a [circuit court] 27
CROSS–JURISDICTIONAL PROBA TE JUDGE does not stay any proceedings in the orphans’ 28
court that do not concern the issue appealed, if the orphans’ court can provide for 29
conforming to the decision of the appellate court. 30
(3) (i) An appeal from a final order of an orphans’ court or a [circuit 31
court] CROSS–JURISDICTIONAL PROBA TE JUDGE removing a personal representative 32 HOUSE BILL 951 3
does not stay an order appointing a successor personal representative or special 1
administrator. 2
(ii) If an appeal is filed from the final order of an orphans’ court or a 3
[circuit court] CROSS–JURISDICTIONAL PROBA TE JUDGE removing a personal 4
representative and the court appointed a successor personal representative, the successor 5
personal representative shall have the powers of a special administrator. 6
Article – Estates and Trusts 7
2–105. 8
(a) In a controversy in the court, an issue of fact may be determined by the court. 9
(b) (1) At the request of an interested person made within the time determined 10
by the court, the issue of fact may be determined by a [court of law] 11
CROSS–JURISDICTIONAL PROBA TE JUDGE. 12
(2) When the request is made before the court has determined the issue of 13
fact, the court shall transmit the issue to a [court of law] CROSS–JURISDICTIONAL 14
PROBATE JUDGE . 15
(c) After the determination of the issue, whether by the court or after 16
transmission to a [court of law] CROSS–JURISDICTIONAL PROBA TE JUDGE, the court 17
shall enter an appropriate judgment or decree. 18
(d) This section does not apply where the estate is administered under the 19
jurisdiction of a court having general equity jurisdiction. 20
SECTION 3. AND BE IT FURTHER ENACTED, That the Gener al Assembly 21
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 22
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 23
Constitution concerning local approval of constitutional amendments do not apply. 24
SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the 25
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 26
voters of the State at the next general election to be held in November 2022 for adoption or 27
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 28
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 29
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 30
the Constitutional Amendment”, as now provided by law. Immediately after the election, 31
all returns shall be made to the Governor of the vote for and against the proposed 32
amendment, as directed by Article XIV of the Maryland Consti tution, and further 33
proceedings had in accordance with Article XIV. 34
SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 35 4 HOUSE BILL 951
contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 1
ratification by the voters of the State. 2
SECTION 6. AND BE IT FURTHER ENACTED, That, subject to the provisions of 3
Section 5 of this Act, Section 2 of this Act shall take effect on the proclamation of the 4
Governor that the constitutional amendment, having received a majority of the votes cast 5
at the general election, has been adopted by the people of Maryland. 6