Maryland 2023 Regular Session

Maryland House Bill HB1255 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	hb1255
6	6
7	7	HOUSE BILL 1255
8	8	D1 CONSTITUTIONAL AMENDMENT 3lr2959
9	9	HB 35/21 – JUD & W&M
10	10	By: Delegate Cardin
11	11	Introduced and read first time: February 16, 2023
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Courts – Justices and Judges – Selection and Retention 2
19	19
20	20	FOR the purpose of decreasing the term of office for the judges of the circuit courts; 3
21	21	increasing the number of years between successive retention elections for justices of 4
22	22	the Supreme Court of Maryland and judges of the Appellate Court of Maryland; and 5
23	23	providing for a transitional period during which the terms of certain amendments 6
24	24	are to become effective. 7
25	25
26	26	BY proposing a repeal of the Maryland Constitution 8
27	27	Article IV – Judiciary Department 9
28	28	Section 3 10
29	29
30	30	BY proposing an amendment to the Maryland Constitution 11
31	31	Article IV – Judiciary Department 12
32	32	Section 5 and 5A 13
33	33
34	34	BY proposing an addition to the Maryland Constitution 14
35	35	Article XVIII – Provisions of Limited Duration 15
36	36	Section 6 16
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
39	39	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 18
40	40	proposed that the Maryland Constitution read as follows: 19
41	41
42	42	Article IV – Judiciary Department 20
43	43
44	44	[3. 21
45	45
46	46	Except for the Judges of the District Court, the Judges of the several Courts other 22
47	47	than the Supreme Court of Maryland or any intermediate courts of appeal shall, subject to 23 2 HOUSE BILL 1255
48	48
49	49
50	50	the provisions of Section 5 of this Article of the Constitution, be elected in Baltimore City 1
51	51	and in each county, by the qualified voters of the city and of each county, respectively, all 2
52	52	of the said Judges to be elected at the general election to be held on the Tuesday after the 3
53	53	first Monday in November, as now provided for in the Constitution. Each of the said Judges 4
54	54	shall hold the office for the term of fifteen years from the time of the election, and until the 5
55	55	Judge’s successor is elected and qualified, or until the Judge shall have attained the age of 6
56	56	seventy years, whichever may first happen, and be reeligible thereto until the Judge shall 7
57	57	have attained the age of seventy years, and not after. In case of the inability of any of said 8
58	58	Judges to discharge the Judge’s duties with efficiency, by reason of continued sickness, or 9
59	59	of physical or mental infirmity, it shall be in the power of the General Assembly, two–thirds 10
60	60	of the members of each House concurring, with the approval of the Governor to retire said 11
61	61	Judge from office.] 12
62	62
63	63	5. 13
64	64
65	65	(A) (1) IN CASE OF THE INABIL ITY OF A JUDGE OF A CIRCUIT COURT TO 14
66	66	DISCHARGE DUTIES WIT H EFFICIENCY, BY REASON OF CONTINU ED SICKNESS OR OF 15
67	67	PHYSICAL OR MENTAL I NFIRMITY, IT SHALL BE IN THE P OWER OF THE GENERAL 16
68	68	ASSEMBLY, TWO–THIRDS OF THE MEMBER S OF EACH HOUSE CONCURRING , WITH 17
69	69	THE APPROVAL OF THE GOVERNOR TO RETIRE SA ID JUDGE FROM OFFICE . 18
70	70
71	71	(2) A VACANCY IN THE OFFIC E OF A JUDGE OF A CI RCUIT COURT , 19
72	72	WHETHER OCCASIONED B Y THE DEATH , RESIGNATION, REMOVAL, RETIREMENT , 20
73	73	DISQUALIFICATION BY REASON OF AGE , OR REJECTION BY THE VOT ERS OF AN 21
74	74	INCUMBENT, THE CREATION OF THE OFFICE OF A JUDGE , OR OTHERWISE , SHALL BE 22
75	75	FILLED AS PROVIDED I N THIS SECTION. 23
76	76
77	77	(B) [Upon every] ON THE occurrence [or recurrence] of a vacancy [through death, 24
78	78	resignation, removal, disqualification by reason of age or otherwise, or expiration of the 25
79	79	term of fifteen years of any judge of a circuit court, or creation of the office of any such 26
80	80	judge, or in any other way], the Governor shall appoint a person duly qualified to fill said 27
81	81	office[,] who shall hold the same until the election [and qualification of his successor. His 28
82	82	successor shall be elected at the first biennial general election for Representatives in 29
83	83	Congress after the expiration of the term of fifteen years (if the vacancy occurred in that 30
84	84	way) or the first such general election after one year after the occurrence of the vacancy in 31
85	85	any other way than through expiration of such term. Except in case of reappointment of a 32
86	86	judge upon expiration of his term of fifteen years, no person shall be appointed who will 33
87	87	become disqualified by reason of age and thereby unable to continue to hold office until the 34
88	88	prescribed time when his successor would have been elected] FOR CONTINUANCE IN 35
89	89	OFFICE AS PROVIDED I N SUBSECTION (C) OF THIS SECTION . 36
90	90
91	91	(C) THE CONTINUANCE IN OFF ICE OF A JUDGE OF A CIRCUIT COURT IS 37
92	92	SUBJECT TO APPROVAL OR REJECTION BY THE REGISTERED VOTERS OF 38
93	93	BALTIMORE CITY AND OF EACH COUN TY, RESPECTIVELY , PRESCRIBED BY LAW AT 39
94	94	THE NEXT GENERAL ELE CTION FOLLOWING THE EXPIRATION OF 1 YEAR FROM TH E 40 HOUSE BILL 1255 3
95	95
96	96
97	97	DATE OF THE OCCURREN CE OF THE VACANCY TH AT THE JUDGE WAS APP OINTED TO 1
98	98	FILL, AND AT THE GENERAL E LECTION NEXT OCCURRI NG EVERY 12 YEARS 2
99	99	THEREAFTER . 3
100	100
101	101	(D) THE APPROVAL OR REJEC TION BY THE REGISTER ED VOTERS OF A 4
102	102	JUDGE AS PROVIDED FO R IN SUBSECTION (C) OF THIS SECTION SHALL BE A VOTE 5
103	103	FOR THE JUDGE ’S RETENTION IN OFFIC E FOR A TERM OF 12 YEARS OR THE JUDGE ’S 6
104	104	REMOVAL. THE JUDGE’S NAME SHALL BE ON T HE APPROPRIATE BALLO T, WITHOUT 7
105	105	OPPOSITION, AND THE VOTERS SHALL VOTE YES OR NO FOR T HE RETENTION IN 8
106	106	OFFICE OF THE JUD GE. IF THE VOTERS REJECT THE RETENTION IN OFF ICE OF A 9
107	107	JUDGE, OR IF THE VOTE IS TI ED, THE OFFICE BECOMES V ACANT 10 DAYS AFTER 10
108	108	CERTIFICATION OF THE ELECTION RETURNS . 11
109	109
110	110	(E) A JUDGE OF A CIRCUIT C OURT SHALL RETIRE WH EN THE JUDGE 12
111	111	ATTAINS THE AGE OF 70 YEARS. 13
112	112
113	113	5A. 14
114	114
115	115	(a) A vacancy in the office of a justice or judge of an appellate court, whether 15
116	116	occasioned by the death, resignation, removal, retirement, disqualification by reason of age, 16
117	117	or rejection by the voters of an incumbent, the creation of the office of a justice or judge, or 17
118	118	otherwise, shall be filled as provided in this section. 18
119	119
120	120	(b) [Upon] ON the occurrence of a vacancy the Governor shall appoint, by and 19
121	121	with the advice and consent of the Senate, a person duly qualified to fill said office who 20
122	122	shall hold the same until the election for continuance in office as provided in subsections 21
123	123	(c) and (d) OF THIS SECTION . 22
124	124
125	125	(c) The continuance in office of a justice of the Supreme Court of Maryland is 23
126	126	subject to approval or rejection by the registered voters of the appellate judicial circuit from 24
127	127	which the justice was appointed at the next general election following the expiration of 25
128	128	[one] 1 year from the date of the occurrence of the vacancy which the justice was appointed 26
129	129	to fill, and at the general election next occurring every [ten] 12 years thereafter. 27
130	130
131	131	(d) The continuance in office of a judge of the Appellate Court of Maryland is 28
132	132	subject to approval or rejection by the registered voters of the geographical area prescribed 29
133	133	by law at the next general election following the expiration of one year from the date of the 30
134	134	occurrence of the vacancy which the judge was appointed to fill, and at the general election 31
135	135	next occurring every [ten] 12 years thereafter. 32
136	136
137	137	(e) The approval or rejection by the registered voters of a justice or judge as 33
138	138	provided for in subsections (c) and (d) OF THIS SECTION shall be a vote for the justice’s or 34
139	139	judge’s retention in office for a term of [ten] 12 years or the justice’s or judge’s removal. 35
140	140	The justice’s or judge’s name shall be on the appropriate ballot, without opposition, and the 36
141	141	voters shall vote yes or no for the justice’s or judge’s retention in office. If the voters reject 37 4 HOUSE BILL 1255
142	142
143	143
144	144	the retention in office of a justice or judge, or if the vote is tied, the office becomes vacant 1
145	145	[ten] 10 days after certification of the election returns. 2
146	146
147	147	(f) An appellate court justice or judge shall retire when the justice or judge 3
148	148	attains [the justice’s or judge’s seventieth birthday] THE AGE OF 70 YEARS. 4
149	149
150	150	(g) A member of the General Assembly who is otherwise qualified for 5
151	151	appointment to judicial office is not disqualified by reason of the member’s membership in 6
152	152	a General Assembly which proposed or enacted any constitutional amendment or statute 7
153	153	affecting the method of selection, continuance in office, or retirement or removal of a justice 8
154	154	or judge, the creation or abolition of a court, an increase or decrease in the number of 9
155	155	justices or judges of any court, or an increase or decrease in the salary, pension or other 10
156	156	allowances of any justice or judge. 11
157	157
158	158	Article XVIII – Provisions of Limited Duration 12
159	159
160	160	6. 13
161	161
162	162	(A) (1) FOR THE PURPOSE OF IM PLEMENTING THE AMEND MENTS TO 14
163	163	ARTICLE IV OF THE MARYLAND CONSTITUTION PROPOSED BY HOUSE BILL 1255 15
164	164	OF 2023 CONCERNING THE SELEC TION AND TENURE OF JUSTICES OF THE SUPREME 16
165	165	COURT OF MARYLAND, JUDGES OF THE APPELLATE COURT OF MARYLAND, AND 17
166	166	CIRCUIT COURT JUDGES, THE FOLLOWING PROVIS IONS SHALL GOVERN . 18
167	167
168	168	(2) IN ACCORDANCE WITH ARTICLE XIV, SECTION 1A OF THE 19
169	169	MARYLAND CONSTITUTION, THIS SECTION SHALL E XPIRE WHEN ALL OF THE 20
170	170	JUSTICES OR JUDGES HAVE COMPLETE D ALL THE TERMS FOR WHICH THE JUSTICES 21
171	171	AND JUDGES ARE RETAINED IN OFFICE UNDER SUBS ECTIONS (B) AND (C) OF THIS 22
172	172	SECTION OR HAVE VACA TED THEIR OFFICES FO R ANY REASON. 23
173	173
174	174	(B) (1) EACH JUSTICE OF THE SUPREME COURT OF MARYLAND, JUDGE 24
175	175	OF THE APPELLATE COURT OF MARYLAND, OR JUDGE OF A CIRCUIT COURT W HO IS 25
176	176	IN OFFICE FOR AN ELE CTED TERM ON THE EFF ECTIVE DATE OF THESE 26
177	177	AMENDMENTS , UNLESS THE JUSTICE OR JUDGE DIES, RESIGNS, RETIRES, OR IS 27
178	178	OTHERWISE LAWFULLY R EMOVED, SHALL CONTINUE IN OF FICE UNTIL THE JUDGE ’S 28
179	179	SUCCESSOR IS APPOINT ED OR ELECTED, AS APPLICABLE, AND QUALIFIED OR UNT IL 29
180	180	THE JUSTICE OR JUDGE ATTAINS THE AG E OF 70 YEARS, WHICHEVER OCCURS FIR ST. 30
181	181
182	182	(2) (I) FOLLOWING THE PERIOD DESCRIBED IN PARAGRA PH (1) OF 31
183	183	THIS SUBSECTION , CONTINUANCE IN OFFICE OF A JUSTICE OF THE SUPREME COURT 32
184	184	OF MARYLAND OR JUDGE OF THE APPELLATE COURT OF MARYLAND OR OF A 33
185	185	CIRCUIT COURT IS THEN SUBJECT TO T HE FOLLOWING PROVISIONS: 34
186	186
187	187	1. FOR A JUSTICE OF THE SUPREME COURT OF 35 HOUSE BILL 1255 5
188	188
189	189
190	190	MARYLAND OR JUDGE OF THE APPELLATE COURT OF MARYLAND, ARTICLE IV, 1
191	191	SECTION 5A OF THE MARYLAND CONSTITUTION; AND 2
192	192
193	193	2. FOR A JUDGE OF A CIRC UIT COURT, ARTICLE IV, 3
194	194	SECTION 5 OF THE MARYLAND CONSTITUTION. 4
195	195
196	196	(II) IN NO EVENT SHALL ANY JUSTICE OR JUDGE CONTINUE IN 5
197	197	OFFICE AFTER ATTAINI NG THE AGE OF 70 YEARS. 6
198	198
199	199	(C) (1) EACH JUSTICE OF THE SUPREME COURT OF MARYLAND, JUDGE 7
200	200	OF THE OF THE APPELLATE COURT OF MARYLAND, OR JUDGE OF A CIRCUIT COURT 8
201	201	WHO IS IN OFFICE ON THE EFFECTIVE DATE O F THE AMENDMENTS TO ARTICLE IV 9
202	202	OF THE MARYLAND CONSTITUTION PROPOSED BY HOUSE BILL 1255 OF 2023, BUT 10
203	203	WHO HAS NOT BEEN ELE CTED TO THAT OFFICE BY THE VOTERS , SHALL CONTINUE 11
204	204	TO BE GOVERNED BY THE FOLLOWING PROVIS IONS AS IN EFFECT BE FORE THE 12
205	205	RATIFICATION OF THE AMENDMENTS TO ARTICLE IV OF THE MARYLAND 13
206	206	CONSTITUTION PROPOSED BY HOUSE BILL 1255 OF 2023: 14
207	207
208	208	(I) FOR A JUSTICE OF THE SUPREME COURT OF MARYLAND OR 15
209	209	JUDGE OF THE APPELLATE COURT OF MARYLAND, ARTICLE IV, SECTION 5A OF 16
210	210	THE MARYLAND CONSTITUTION; AND 17
211	211
212	212	(II) FOR A JUDGE OF A CIRCUIT COURT, ARTICLE IV, SECTIONS 18
213	213	3 AND 5 OF THE MARYLAND CONSTITUTION. 19
214	214
215	215	(2) IF THE JUSTICE OR JUDGE IS ELECTED TO THE OFFICE, THE 20
216	216	JUSTICE OR JUDGE SHALL CONTINUE IN OFFICE UNTIL THE JUSTICE’S OR JUDGE’S 21
217	217	SUCCESSOR IS APPOINT ED OR ELECTED , AS APPLICABLE, AND QUALIFIED OR UNT IL 22
218	218	THE JUSTICE OR JUDGE ATTAINS THE AGE O F 70 YEARS, WHICHEVER OCCURS FIR ST. 23
219	219
220	220	(3) (I) CONTINUANCE OF THE JUSTICE OR JUDGE IN OFFICE AT 24
221	221	THE END OF THE ELECT ED TERM IS THEN SUBJ ECT TO: 25
222	222
223	223	1. FOR A JUSTICE OF THE SUPREME COURT OF 26
224	224	MARYLAND OR JUDGE OF THE APPELLATE COURT OF MARYLAND, THE PROVISIONS 27
225	225	OF ARTICLE IV, SECTION 5A OF THE MARYLAND CONSTITUTION; AND 28
226	226
227	227	2. FOR A JUDGE OF A CIRC UIT COURT, THE PROVISIONS 29
228	228	OF ARTICLE IV, SECTION 5 OF THE MARYLAND CONSTITUTION. 30
229	229
230	230	(II) IN NO EVENT SHALL ANY JUSTICE OR JUDGE CONTINUE IN 31
231	231	OFFICE AFTER ATTAINI NG THE AGE OF 70 YEARS. 32
232	232	6 HOUSE BILL 1255
233	233
234	234
235	235	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 1
236	236	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 2
237	237	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 3
238	238	Constitution concerning local approval of constitutional amendments do not apply. 4
239	239
240	240	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 5
241	241	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 6
242	242	voters of the State at the next general election to be held in November 2024 for adoption or 7
243	243	rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 8
244	244	the vote on the proposed amendment to the Constitution shall be by ballot, and on each 9
245	245	ballot there shall be printed the words “For the Constitutional Amendment” and “Against 10
246	246	the Constitutional Amendment”, as now provided by law. Immediately after the election, 11
247	247	all returns shall be made to the Governor of the vote for and against the proposed 12
248	248	amendment, as directed by Article XIV of the Maryland Constitution, and further 13
249	249	proceedings had in accordance with Article XIV. 14
250	250
251	251