EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1255*
HOUSE BILL 1255
D1 CONSTITUTIONAL AMENDMENT 3lr2959
HB 35/21 – JUD & W&M
By: Delegate Cardin
Introduced and read first time: February 16, 2023
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Courts – Justices and Judges – Selection and Retention 2
FOR the purpose of decreasing the term of office for the judges of the circuit courts; 3
increasing the number of years between successive retention elections for justices of 4
the Supreme Court of Maryland and judges of the Appellate Court of Maryland; and 5
providing for a transitional period during which the terms of certain amendments 6
are to become effective. 7
BY proposing a repeal of the Maryland Constitution 8
Article IV – Judiciary Department 9
Section 3 10
BY proposing an amendment to the Maryland Constitution 11
Article IV – Judiciary Department 12
Section 5 and 5A 13
BY proposing an addition to the Maryland Constitution 14
Article XVIII – Provisions of Limited Duration 15
Section 6 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 18
proposed that the Maryland Constitution read as follows: 19
Article IV – Judiciary Department 20
[3. 21
Except for the Judges of the District Court, the Judges of the several Courts other 22
than the Supreme Court of Maryland or any intermediate courts of appeal shall, subject to 23 2 HOUSE BILL 1255
the provisions of Section 5 of this Article of the Constitution, be elected in Baltimore City 1
and in each county, by the qualified voters of the city and of each county, respectively, all 2
of the said Judges to be elected at the general election to be held on the Tuesday after the 3
first Monday in November, as now provided for in the Constitution. Each of the said Judges 4
shall hold the office for the term of fifteen years from the time of the election, and until the 5
Judge’s successor is elected and qualified, or until the Judge shall have attained the age of 6
seventy years, whichever may first happen, and be reeligible thereto until the Judge shall 7
have attained the age of seventy years, and not after. In case of the inability of any of said 8
Judges to discharge the Judge’s duties with efficiency, by reason of continued sickness, or 9
of physical or mental infirmity, it shall be in the power of the General Assembly, two–thirds 10
of the members of each House concurring, with the approval of the Governor to retire said 11
Judge from office.] 12
5. 13
(A) (1) IN CASE OF THE INABIL ITY OF A JUDGE OF A CIRCUIT COURT TO 14
DISCHARGE DUTIES WIT H EFFICIENCY, BY REASON OF CONTINU ED SICKNESS OR OF 15
PHYSICAL OR MENTAL I NFIRMITY, IT SHALL BE IN THE P OWER OF THE GENERAL 16
ASSEMBLY, TWO–THIRDS OF THE MEMBER S OF EACH HOUSE CONCURRING , WITH 17
THE APPROVAL OF THE GOVERNOR TO RETIRE SA ID JUDGE FROM OFFICE . 18
(2) A VACANCY IN THE OFFIC E OF A JUDGE OF A CI RCUIT COURT , 19
WHETHER OCCASIONED B Y THE DEATH , RESIGNATION, REMOVAL, RETIREMENT , 20
DISQUALIFICATION BY REASON OF AGE , OR REJECTION BY THE VOT ERS OF AN 21
INCUMBENT, THE CREATION OF THE OFFICE OF A JUDGE , OR OTHERWISE , SHALL BE 22
FILLED AS PROVIDED I N THIS SECTION. 23
(B) [Upon every] ON THE occurrence [or recurrence] of a vacancy [through death, 24
resignation, removal, disqualification by reason of age or otherwise, or expiration of the 25
term of fifteen years of any judge of a circuit court, or creation of the office of any such 26
judge, or in any other way], the Governor shall appoint a person duly qualified to fill said 27
office[,] who shall hold the same until the election [and qualification of his successor. His 28
successor shall be elected at the first biennial general election for Representatives in 29
Congress after the expiration of the term of fifteen years (if the vacancy occurred in that 30
way) or the first such general election after one year after the occurrence of the vacancy in 31
any other way than through expiration of such term. Except in case of reappointment of a 32
judge upon expiration of his term of fifteen years, no person shall be appointed who will 33
become disqualified by reason of age and thereby unable to continue to hold office until the 34
prescribed time when his successor would have been elected] FOR CONTINUANCE IN 35
OFFICE AS PROVIDED I N SUBSECTION (C) OF THIS SECTION . 36
(C) THE CONTINUANCE IN OFF ICE OF A JUDGE OF A CIRCUIT COURT IS 37
SUBJECT TO APPROVAL OR REJECTION BY THE REGISTERED VOTERS OF 38
BALTIMORE CITY AND OF EACH COUN TY, RESPECTIVELY , PRESCRIBED BY LAW AT 39
THE NEXT GENERAL ELE CTION FOLLOWING THE EXPIRATION OF 1 YEAR FROM TH E 40 HOUSE BILL 1255 3
DATE OF THE OCCURREN CE OF THE VACANCY TH AT THE JUDGE WAS APP OINTED TO 1
FILL, AND AT THE GENERAL E LECTION NEXT OCCURRI NG EVERY 12 YEARS 2
THEREAFTER . 3
(D) THE APPROVAL OR REJEC TION BY THE REGISTER ED VOTERS OF A 4
JUDGE AS PROVIDED FO R IN SUBSECTION (C) OF THIS SECTION SHALL BE A VOTE 5
FOR THE JUDGE ’S RETENTION IN OFFIC E FOR A TERM OF 12 YEARS OR THE JUDGE ’S 6
REMOVAL. THE JUDGE’S NAME SHALL BE ON T HE APPROPRIATE BALLO T, WITHOUT 7
OPPOSITION, AND THE VOTERS SHALL VOTE YES OR NO FOR T HE RETENTION IN 8
OFFICE OF THE JUD GE. IF THE VOTERS REJECT THE RETENTION IN OFF ICE OF A 9
JUDGE, OR IF THE VOTE IS TI ED, THE OFFICE BECOMES V ACANT 10 DAYS AFTER 10
CERTIFICATION OF THE ELECTION RETURNS . 11
(E) A JUDGE OF A CIRCUIT C OURT SHALL RETIRE WH EN THE JUDGE 12
ATTAINS THE AGE OF 70 YEARS. 13
5A. 14
(a) A vacancy in the office of a justice or judge of an appellate court, whether 15
occasioned by the death, resignation, removal, retirement, disqualification by reason of age, 16
or rejection by the voters of an incumbent, the creation of the office of a justice or judge, or 17
otherwise, shall be filled as provided in this section. 18
(b) [Upon] ON the occurrence of a vacancy the Governor shall appoint, by and 19
with the advice and consent of the Senate, a person duly qualified to fill said office who 20
shall hold the same until the election for continuance in office as provided in subsections 21
(c) and (d) OF THIS SECTION . 22
(c) The continuance in office of a justice of the Supreme Court of Maryland is 23
subject to approval or rejection by the registered voters of the appellate judicial circuit from 24
which the justice was appointed at the next general election following the expiration of 25
[one] 1 year from the date of the occurrence of the vacancy which the justice was appointed 26
to fill, and at the general election next occurring every [ten] 12 years thereafter. 27
(d) The continuance in office of a judge of the Appellate Court of Maryland is 28
subject to approval or rejection by the registered voters of the geographical area prescribed 29
by law at the next general election following the expiration of one year from the date of the 30
occurrence of the vacancy which the judge was appointed to fill, and at the general election 31
next occurring every [ten] 12 years thereafter. 32
(e) The approval or rejection by the registered voters of a justice or judge as 33
provided for in subsections (c) and (d) OF THIS SECTION shall be a vote for the justice’s or 34
judge’s retention in office for a term of [ten] 12 years or the justice’s or judge’s removal. 35
The justice’s or judge’s name shall be on the appropriate ballot, without opposition, and the 36
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
the retention in office of a justice or judge, or if the vote is tied, the office becomes vacant 1
[ten] 10 days after certification of the election returns. 2
(f) An appellate court justice or judge shall retire when the justice or judge 3
attains [the justice’s or judge’s seventieth birthday] THE AGE OF 70 YEARS. 4
(g) A member of the General Assembly who is otherwise qualified for 5
appointment to judicial office is not disqualified by reason of the member’s membership in 6
a General Assembly which proposed or enacted any constitutional amendment or statute 7
affecting the method of selection, continuance in office, or retirement or removal of a justice 8
or judge, the creation or abolition of a court, an increase or decrease in the number of 9
justices or judges of any court, or an increase or decrease in the salary, pension or other 10
allowances of any justice or judge. 11
Article XVIII – Provisions of Limited Duration 12
6. 13
(A) (1) FOR THE PURPOSE OF IM PLEMENTING THE AMEND MENTS TO 14
ARTICLE IV OF THE MARYLAND CONSTITUTION PROPOSED BY HOUSE BILL 1255 15
OF 2023 CONCERNING THE SELEC TION AND TENURE OF JUSTICES OF THE SUPREME 16
COURT OF MARYLAND, JUDGES OF THE APPELLATE COURT OF MARYLAND, AND 17
CIRCUIT COURT JUDGES, THE FOLLOWING PROVIS IONS SHALL GOVERN . 18
(2) IN ACCORDANCE WITH ARTICLE XIV, SECTION 1A OF THE 19
MARYLAND CONSTITUTION, THIS SECTION SHALL E XPIRE WHEN ALL OF THE 20
JUSTICES OR JUDGES HAVE COMPLETE D ALL THE TERMS FOR WHICH THE JUSTICES 21
AND JUDGES ARE RETAINED IN OFFICE UNDER SUBS ECTIONS (B) AND (C) OF THIS 22
SECTION OR HAVE VACA TED THEIR OFFICES FO R ANY REASON. 23
(B) (1) EACH JUSTICE OF THE SUPREME COURT OF MARYLAND, JUDGE 24
OF THE APPELLATE COURT OF MARYLAND, OR JUDGE OF A CIRCUIT COURT W HO IS 25
IN OFFICE FOR AN ELE CTED TERM ON THE EFF ECTIVE DATE OF THESE 26
AMENDMENTS , UNLESS THE JUSTICE OR JUDGE DIES, RESIGNS, RETIRES, OR IS 27
OTHERWISE LAWFULLY R EMOVED, SHALL CONTINUE IN OF FICE UNTIL THE JUDGE ’S 28
SUCCESSOR IS APPOINT ED OR ELECTED, AS APPLICABLE, AND QUALIFIED OR UNT IL 29
THE JUSTICE OR JUDGE ATTAINS THE AG E OF 70 YEARS, WHICHEVER OCCURS FIR ST. 30
(2) (I) FOLLOWING THE PERIOD DESCRIBED IN PARAGRA PH (1) OF 31
THIS SUBSECTION , CONTINUANCE IN OFFICE OF A JUSTICE OF THE SUPREME COURT 32
OF MARYLAND OR JUDGE OF THE APPELLATE COURT OF MARYLAND OR OF A 33
CIRCUIT COURT IS THEN SUBJECT TO T HE FOLLOWING PROVISIONS: 34
1. FOR A JUSTICE OF THE SUPREME COURT OF 35 HOUSE BILL 1255 5
MARYLAND OR JUDGE OF THE APPELLATE COURT OF MARYLAND, ARTICLE IV, 1
SECTION 5A OF THE MARYLAND CONSTITUTION; AND 2
2. FOR A JUDGE OF A CIRC UIT COURT, ARTICLE IV, 3
SECTION 5 OF THE MARYLAND CONSTITUTION. 4
(II) IN NO EVENT SHALL ANY JUSTICE OR JUDGE CONTINUE IN 5
OFFICE AFTER ATTAINI NG THE AGE OF 70 YEARS. 6
(C) (1) EACH JUSTICE OF THE SUPREME COURT OF MARYLAND, JUDGE 7
OF THE OF THE APPELLATE COURT OF MARYLAND, OR JUDGE OF A CIRCUIT COURT 8
WHO IS IN OFFICE ON THE EFFECTIVE DATE O F THE AMENDMENTS TO ARTICLE IV 9
OF THE MARYLAND CONSTITUTION PROPOSED BY HOUSE BILL 1255 OF 2023, BUT 10
WHO HAS NOT BEEN ELE CTED TO THAT OFFICE BY THE VOTERS , SHALL CONTINUE 11
TO BE GOVERNED BY THE FOLLOWING PROVIS IONS AS IN EFFECT BE FORE THE 12
RATIFICATION OF THE AMENDMENTS TO ARTICLE IV OF THE MARYLAND 13
CONSTITUTION PROPOSED BY HOUSE BILL 1255 OF 2023: 14
(I) FOR A JUSTICE OF THE SUPREME COURT OF MARYLAND OR 15
JUDGE OF THE APPELLATE COURT OF MARYLAND, ARTICLE IV, SECTION 5A OF 16
THE MARYLAND CONSTITUTION; AND 17
(II) FOR A JUDGE OF A CIRCUIT COURT, ARTICLE IV, SECTIONS 18
3 AND 5 OF THE MARYLAND CONSTITUTION. 19
(2) IF THE JUSTICE OR JUDGE IS ELECTED TO THE OFFICE, THE 20
JUSTICE OR JUDGE SHALL CONTINUE IN OFFICE UNTIL THE JUSTICE’S OR JUDGE’S 21
SUCCESSOR IS APPOINT ED OR ELECTED , AS APPLICABLE, AND QUALIFIED OR UNT IL 22
THE JUSTICE OR JUDGE ATTAINS THE AGE O F 70 YEARS, WHICHEVER OCCURS FIR ST. 23
(3) (I) CONTINUANCE OF THE JUSTICE OR JUDGE IN OFFICE AT 24
THE END OF THE ELECT ED TERM IS THEN SUBJ ECT TO: 25
1. FOR A JUSTICE OF THE SUPREME COURT OF 26
MARYLAND OR JUDGE OF THE APPELLATE COURT OF MARYLAND, THE PROVISIONS 27
OF ARTICLE IV, SECTION 5A OF THE MARYLAND CONSTITUTION; AND 28
2. FOR A JUDGE OF A CIRC UIT COURT, THE PROVISIONS 29
OF ARTICLE IV, SECTION 5 OF THE MARYLAND CONSTITUTION. 30
(II) IN NO EVENT SHALL ANY JUSTICE OR JUDGE CONTINUE IN 31
OFFICE AFTER ATTAINI NG THE AGE OF 70 YEARS. 32
6 HOUSE BILL 1255
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 1
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 2
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 3
Constitution concerning local approval of constitutional amendments do not apply. 4
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 5
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 6
voters of the State at the next general election to be held in November 2024 for adoption or 7
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 8
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 9
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 10
the Constitutional Amendment”, as now provided by law. Immediately after the election, 11
all returns shall be made to the Governor of the vote for and against the proposed 12
amendment, as directed by Article XIV of the Maryland Constitution, and further 13
proceedings had in accordance with Article XIV. 14