EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0048*
HOUSE BILL 48
D1 CONSTITUTIONAL AMENDMENT 4lr0964
HB 1255/23 – HRU (PRE–FILED)
By: Delegate Cardin
Requested: October 15, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judiciary
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 2 HOUSE BILL 48
than the Supreme Court of Maryland or any intermediate courts of appeal shall, subject to 1
the provisions of Section 5 of this Article of the Constitution, be elected in Baltimore City 2
and in each county, by the qualified voters of the city and of each county, respectively, all 3
of the said Judges to be elected at the general election to be held on the Tuesday after the 4
first Monday in November, as now provided for in the Constitution. Each of the said Judges 5
shall hold the office for the term of fifteen years from the time of the election, and until the 6
Judge’s successor is elected and qualified, or until the Judge shall have attained the age of 7
seventy years, whichever may first happen, and be reeligible thereto until the Judge shall 8
have attained the age of seventy years, and not after. In case of the inability of any of said 9
Judges to discharge the Judge’s duties with efficiency, by reason of continued sickness, or 10
of physical or mental infirmity, it shall be in the power of the General Assembly, two–thirds 11
of the members of each House concurring, with the approval of the Governor to retire said 12
Judge from office.] 13
5. 14
(A) (1) IN CASE OF THE INABIL ITY OF A JUDGE OF A CIRCUIT COURT TO 15
DISCHARGE DUTIES WIT H EFFICIENCY, BY REASON OF CONTINU ED SICKNESS OR OF 16
PHYSICAL OR MENTAL I NFIRMITY, IT SHALL BE IN THE P OWER OF THE GENERAL 17
ASSEMBLY, TWO–THIRDS OF THE MEMBER S OF EACH HOUSE CONCURRING , WITH 18
THE APPROVAL OF THE GOVERNOR TO RETIRE SA ID JUDGE FROM OFFICE . 19
(2) A VACANCY IN THE OFFIC E OF A JUDGE OF A CI RCUIT COURT , 20
WHETHER OCCASIONED B Y THE DEATH , RESIGNATION, REMOVAL, RETIREMENT , 21
DISQUALIFICATION BY REASON OF AGE , OR REJECTION BY THE VOTER S OF AN 22
INCUMBENT, THE CREATION OF THE OFFICE OF A JUDGE , OR OTHERWISE , SHALL BE 23
FILLED AS PROVIDED I N THIS SECTION. 24
(B) [Upon every] ON THE occurrence [or recurrence] of a vacancy [through death, 25
resignation, removal, disqualification by reason of age or otherwise, or expiration of the 26
term of fifteen years of any judge of a circuit court, or creation of the office of any such 27
judge, or in any other way], the Governor shall appoint a person duly qualified to fill said 28
office[,] who shall hold the same until the election [and qualification of his successor. His 29
successor shall be elected at the first biennial general election for Representatives in 30
Congress after the expiration of the term of fifteen years (if the vacancy occurred in that 31
way) or the first such general election after one year after the occurrence of the vacancy in 32
any other way than through expiration of such term. Except in case of reappointment of a 33
judge upon expiration of his term of fifteen years, no person shall be appointed who will 34
become disqualified by reason of age and thereby unable to continue to hold office until the 35
prescribed time when his successor would have been elected] FOR CONTINUANCE IN 36
OFFICE AS PROVIDED I N SUBSECTION (C) OF THIS SECTION . 37
(C) THE CONTINUANCE IN OFFIC E OF A JUDGE OF A CI RCUIT COURT IS 38
SUBJECT TO APPROVAL OR REJECTION BY THE REGISTERED VOTERS OF 39
BALTIMORE CITY AND OF EACH COUN TY, RESPECTIVELY , PRESCRIBED BY LAW AT 40 HOUSE BILL 48 3
THE NEXT GENERAL ELE CTION FOLLOWING THE EXPIRATION OF 1 YEAR FROM THE 1
DATE OF THE OCCURREN CE OF THE VACANCY TH AT THE JUDGE WAS APP OINTED TO 2
FILL, AND AT THE GENERAL E LECTION NEXT OCCURRI NG EVERY 12 YEARS 3
THEREAFTER . 4
(D) THE APPROVAL OR REJEC TION BY THE REGISTER ED VOTERS OF A 5
JUDGE AS PROVIDED FO R IN SUBSECTION (C) OF THIS SECTION SHALL BE A V OTE 6
FOR THE JUDGE ’S RETENTION IN OFFIC E FOR A TERM OF 12 YEARS OR THE JUDGE ’S 7
REMOVAL. THE JUDGE’S NAME SHALL BE ON T HE APPROPRIATE BALLO T, WITHOUT 8
OPPOSITION, AND THE VOTERS SHALL VOTE YES OR NO FOR T HE RETENTION IN 9
OFFICE OF THE JUDGE . IF THE VOTERS REJECT THE RETENTION IN OFF ICE OF A 10
JUDGE, OR IF THE VOTE IS TI ED, THE OFFICE BECOMES V ACANT 10 DAYS AFTER 11
CERTIFICATION OF THE ELECTION RETURNS . 12
(E) A JUDGE OF A CIRCUIT C OURT SHALL RETIRE WH EN THE JUDGE 13
ATTAINS THE AGE OF 70 YEARS. 14
5A. 15
(a) A vacancy in the office of a justice or judge of an appellate court, whether 16
occasioned by the death, resignation, removal, retirement, disqualification by reason of age, 17
or rejection by the voters of an incumbent, the creation of the office of a justice or judge, or 18
otherwise, shall be filled as provided in this section. 19
(b) [Upon] ON the occurrence of a vacancy the Governor shall appoint, by and 20
with the advice and consent of the Senate, a person duly qualified to fill said office who 21
shall hold the same until the election for continuance in office as provided in subsections 22
(c) and (d) OF THIS SECTION . 23
(c) The continuance in office of a justice of the Supreme Court of Maryland is 24
subject to approval or rejection by the registered voters of the appellate judicial circuit from 25
which the justice was appointed at the next general election following the expiration of 26
[one] 1 year from the date of the occurrence of the vacancy which the justice was appointed 27
to fill, and at the general election next occurring every [ten] 12 years thereafter. 28
(d) The continuance in office of a judge of the Appellate Court of Maryland is 29
subject to approval or rejection by the registered voters of the geographical area prescribed 30
by law at the next general election following the expiration of one year from the date of the 31
occurrence of the vacancy which the judge was appointed to fill, and at the general election 32
next occurring every [ten] 12 years thereafter. 33
(e) The approval or rejection by the registered voters of a justice or judge as 34
provided for in subsections (c) and (d) OF THIS SECTION shall be a vote for the justice’s or 35
judge’s retention in office for a term of [ten] 12 years or the justice’s or judge’s removal. 36
The justice’s or judge’s name shall be on the appropriate ballot, without opposition, and the 37 4 HOUSE BILL 48
voters shall vote yes or no for the justice’s or judge’s retention in office. If the voters reject 1
the retention in office of a justice or judge, or if the vote is tied, the office becomes vacant 2
[ten] 10 days after certification of the election returns. 3
(f) An appellate court justice or judge shall retire when the justice or judge 4
attains [the justice’s or judge’s seventieth birthday] THE AGE OF 70 YEARS. 5
(g) A member of the General Assembly who is otherwise qualified for 6
appointment to judicial office is not disqualified by reason of the member’s membership in 7
a General Assembly which proposed or enacted any constitutional amendment or statute 8
affecting the method of selection, continuance in office, or retirement or removal of a justice 9
or judge, the creation or abolition of a court, an increase or decrease in the number of 10
justices or judges of any court, or an increase or decrease in the salary, pension or other 11
allowances of any justice or judge. 12
Article XVIII – Provisions of Limited Duration 13
6. 14
(A) (1) FOR THE PURPOSE OF IM PLEMENTING THE AMEND MENTS TO 15
ARTICLE IV OF THE MARYLAND CONSTITUTION PROPOSED BY HOUSE BILL ____ 16
(4LR0964) OF 2024 CONCERNING THE SELEC TION AND TENURE OF J USTICES OF THE 17
SUPREME COURT OF MARYLAND, JUDGES OF THE APPELLATE COURT OF 18
MARYLAND, AND CIRCUIT COURT JU DGES, THE FOLLOWING PROVIS IONS SHALL 19
GOVERN. 20
(2) IN ACCORDANCE WITH ARTICLE XIV, SECTION 1A OF THE 21
MARYLAND CONSTITUTION, THIS SECTION SHALL E XPIRE WHEN ALL OF TH E 22
JUSTICES OR JUDGES H AVE COMPLETED ALL TH E TERMS FOR WHICH TH E JUSTICES 23
AND JUDGES ARE RETAI NED IN OFFICE UNDER SUBSECTIONS (B) AND (C) OF THIS 24
SECTION OR HAVE VACA TED THEIR OFFICES FO R ANY REASON. 25
(B) (1) EACH JUSTICE OF THE SUPREME COURT OF MARYLAND, JUDGE 26
OF THE APPELLATE COURT OF MARYLAND, OR JUDGE OF A CIRCUI T COURT WHO IS 27
IN OFFICE FOR AN ELE CTED TERM ON THE EFF ECTIVE DATE OF THESE 28
AMENDMENTS , UNLESS THE JUSTICE O R JUDGE DIES , RESIGNS, RETIRES, OR IS 29
OTHERWISE LAWFULLY R EMOVED, SHALL CONTINUE IN OF FICE UNTIL THE JUDGE ’S 30
OR JUSTICE’S SUCCESSOR IS APPOINT ED OR EL ECTED, AS APPLICABLE , AND 31
QUALIFIED OR UNTIL T HE JUSTICE OR JUDGE ATTAINS THE AGE OF 70 YEARS, 32
WHICHEVER OCCURS FIR ST. 33
(2) (I) FOLLOWING THE PERIOD DESCRIBED IN PARAGRA PH (1) OF 34
THIS SUBSECTION , CONTINUANCE IN OFFIC E OF A JUSTICE OF TH E SUPREME COURT 35
OF MARYLAND OR JUDGE OF THE APPELLATE COURT OF MARYLAND OR OF A 36 HOUSE BILL 48 5
CIRCUIT COURT IS THE N SUBJECT TO THE FOL LOWING PROVISIONS : 1
1. FOR A JUSTICE OF THE SUPREME COURT OF 2
MARYLAND OR JUDGE OF THE APPELLATE COURT OF MARYLAND, ARTICLE IV, 3
SECTION 5A OF THE MARYLAND CONSTITUTION; AND 4
2. FOR A JUDGE OF A CIRC UIT COURT, ARTICLE IV, 5
SECTION 5 OF THE MARYLAND CONSTITUTION. 6
(II) IN NO EVENT SHALL ANY JUSTICE OR JUDGE CON TINUE IN 7
OFFICE AFTER ATTAINI NG THE AGE OF 70 YEARS. 8
(C) (1) EACH JUSTICE OF THE SUPREME COURT OF MARYLAND, JUDGE 9
OF THE APPELLATE COURT OF MARYLAND, OR JUDGE OF A CIRCUI T COURT WHO IS 10
IN OFFICE ON THE EFF ECTIVE DATE OF THE A MENDMENTS TO ARTICLE IV OF THE 11
MARYLAND CONSTITUTION PROPOSED BY HOUSE BILL ____ (4LR0964) OF 2024, 12
BUT WHO HAS NOT BEEN ELECTED TO THAT OFFI CE BY THE VOTERS , SHALL 13
CONTINUE TO BE GOVER NED BY THE FOLLOWING PROVISIONS AS IN EFF ECT BEFORE 14
THE RATIFICATION OF THE AMENDMENTS TO ARTICLE IV OF THE MARYLAND 15
CONSTITUTION PROPOSED BY HOUSE BILL ____ (4LR0964) OF 2024: 16
(I) FOR A JUSTICE OF THE SUPREME COURT OF MARYLAND OR 17
JUDGE OF THE APPELLATE COURT OF MARYLAND, ARTICLE IV, SECTION 5A OF 18
THE MARYLAND CONSTITUTION; AND 19
(II) FOR A JUDGE OF A CIRC UIT COURT, ARTICLE IV, SECTIONS 20
3 AND 5 OF THE MARYLAND CONSTITUTION. 21
(2) IF THE JUSTICE OR JUD GE IS ELECTED TO THE OFFICE, THE 22
JUSTICE OR JUDGE SHA LL CONTINUE IN OFFIC E UNTIL THE JUSTICE ’S OR JUDGE’S 23
SUCCESSOR IS APPOINT ED OR ELECTED , AS APPLICABLE, AND QUALIFIED OR UNT IL 24
THE JUSTICE OR JUDGE ATTAINS THE AGE OF 70 YEARS, WHICHEVER OCCURS FIR ST. 25
(3) (I) CONTINUANCE OF THE JU STICE OR JUDGE IN OF FICE AT 26
THE END OF THE ELECT ED TERM IS THEN SUBJ ECT TO: 27
1. FOR A JUSTICE OF THE SUPREME COURT OF 28
MARYLAND OR JUDGE OF THE APPELLATE COURT OF MARYLAND, THE PROVISIONS 29
OF ARTICLE IV, SECTION 5A OF THE MARYLAND CONSTITUTION; AND 30
2. FOR A JUDGE OF A CIRC UIT COURT, THE PROVISIONS 31
OF ARTICLE IV, SECTION 5 OF THE MARYLAND CONSTITUTION. 32
6 HOUSE BILL 48
(II) IN NO EVENT SHALL ANY JUSTICE OR JUDGE CON TINUE IN 1
OFFICE AFTER ATTA INING THE AGE OF 70 YEARS. 2
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 3
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 4
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 5
Constitution concerning local approval of constitutional amendments do not apply. 6
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 7
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 8
voters of the State at the next general election to be held in November 2024 for adoption or 9
rejection pursuant to Article XIV of the Maryland Constitution. At that general election, 10
the vote on the proposed amendment to the Constitution shall be by ballot, and on each 11
ballot there shall be printed the words “For the Constitutional Amendment” and “Against 12
the Constitutional Amendment”, as now provided by law. Immediately after the election, 13
all returns shall be made to the Governor of the vote for and against the proposed 14
amendment, as directed by Article XIV of the Maryland Constitution, and further 15
proceedings had in accordance with Article XIV. 16