Maryland 2025 Regular Session

Maryland House Bill HB788 Compare Versions

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Version 2 (New)

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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0788
9	6
10	7		HOUSE BILL 788
11	8		D1 CONSTITUTIONAL AMENDMENT 5lr2305
12	9		CF SB 619
13	10		By: Chair, Judiciary Committee (By Request – Maryland Judicial Conference)
14		-	and Delegates Conaway and Simmons
15	11		Introduced and read first time: January 29, 2025
16	12		Assigned to: Judiciary
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted with floor amendments
19		-	Read second time: March 1, 2025
20	13
21		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
22	15
23	16		AN ACT concerning 1
24	17
25	18		Judiciary Department – Commission on Judicial Disabilities – Temporary 2
26	19		Appointment 3
27	20
28	21		FOR the purpose of allowing the chair of the Commission on Judicial Disabilities to appoint 4
29	22		a former member to temporarily fill a certain vacancy on the Commission; and 5
30	23		allowing the Governor, on certain request of the chair, to appoint a temporary 6
31	24		substitute member or extend the term of an existing member of the Commission. 7
32	25
33	26		BY proposing an amendment to the Maryland Constitution 8
34	27		Article IV – Judiciary Department 9
35	28		Section 4A and 4B 10
36	29
37	30		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
38	31		(Three–fifths of all the members elected to each of the two Houses concurring), That it be 12
39	32		proposed that the Maryland Constitution read as follows: 13
40	33
41	34		Article IV – Judiciary Department 14
42	35
43	36		4A. 15
44	37
45	38		(a) There is a Commission on Judicial Disabilities composed of eleven persons 16
46	39		appointed by the Governor of Maryland, by and with the advice and consent of the Senate. 17
47	40
48		-	(b) The members of the Commission shall be citizens and residents of this State. 18 2 HOUSE BILL 788
	41	+	(b) The members of the Commission shall be citizens and residents of this State. 18
	42	+
	43	+	(c) (1) Three members of the Commission shall be appointed from among the 19
	44	+	judges of the State, with one member representing the appellate courts, one member 20
	45	+	representing the Circuit Courts, and one member representing the District Court. 21
	46	+	2 HOUSE BILL 788
49	47
50	48
	49	+	(2) Three members shall be appointed from among those persons who are 1
	50	+	admitted to practice law in the State, who have been so engaged for at least seven years, 2
	51	+	and who are not judges of any court. 3
51	52
52		-	(c) (1) Three members of the Commission shall be appointed from among the 1
53		-	judges of the State, with one member representing the appellate courts, one member 2
54		-	representing the Circuit Courts, and one member representing the District Court. 3
	53	+	(3) Five members shall represent the public, who may not be active or 4
	54	+	retired judges, who are not admitted to practice law in this State, and who may not have a 5
	55	+	financial relationship with or receive compensation from a judge or a person admitted to 6
	56	+	practice law in this State. 7
55	57
56		-	(2) Three members shall be appointed from among those persons who are 4
57		-	admitted to practice law in the State, who have been so engaged for at least seven years, 5
58		-	and who are not judges of any court. 6
	58	+	(4) The composition of the Commission should reflect the race, gender, and 8
	59	+	geographic diversity of the population of the State. 9
59	60
60		-	(3) ~~Five members shall represent~~ the ~~public~~, ~~who may not be active or 7~~
61		-	~~retired judges,~~ ~~who are not admitted to practice law in this State,~~ ~~and who may not have a 8~~
62		-	~~financial relationship with or receive compensation from~~ a ~~judge or a person admitted to 9~~
63		-	~~practice law in this State~~. 10
	61	+	(d) [The] SUBJECT TO THE PROVIS IONS OF § 4B(A)(5) OF THIS ARTICLE , 10
	62	+	THE term of office of each member is four years commencing on January 1 following the 11
	63	+	expiration of the member’s predecessor’s term. A member may not serve more than two 12
	64	+	four–year terms, or for more than a total of ten years if appointed to fill a vacancy. 13
64	65
65		-	(4) The composition of the Commission should reflect the race, gender, and 11
66		-	geographic diversity of the population of the State. 12
	66	+	(e) A member’s membership automatically terminates: 14
67	67
68		-	(d) [The] SUBJECT TO THE PROVIS IONS OF § 4B(A)(5) OF THIS ARTICLE , 13
69		-	THE term of office of each member is four years commencing on January 1 following the 14
70		-	expiration of the member’s predecessor’s term. A member may not serve more than two 15
71		-	four–year terms, or for more than a total of ten years if appointed to fill a vacancy. 16
	68	+	(1) When any member of the Commission appointed from among judges in 15
	69	+	the State ceases to be a judge; 16
72	70
73		-	(e) A member’s membership automatically terminates: 17
	71	+	(2) When any member appointed from among those admitted to practice 17
	72	+	law becomes a judge; 18
74	73
75		-	(1) When any member of the Commission appointed from among judges in 18
76		-	the State ceases to be a judge; 19
	74	+	(3) When any member representing the public becomes a judge or is 19
	75	+	admitted to the practice of law in this State or has a financial relationship with or receives 20
	76	+	compensation from a judge or a person admitted to practice law in this State; or 21
77	77
78		-	(2) When any member appointed from among those admitted to practice 20
79		-	law becomes a judge; 21
	78	+	(4) When any member ceases to be a resident of the State. 22
80	79
81		-	(3) ~~When~~ any ~~member representing~~ the ~~public becomes a judge or is 22~~
82		-	~~admitted~~ to the ~~practice of law in this State or has a financial relationship with or receives 23~~
83		-	~~compensation from a judge or a~~ person ~~admitted to practice law in this State; or 24~~
	80	+	(f) Any vacancies on the Commission shall be filled for the unexpired term by the 23
	81	+	Governor in the same manner as for making of appointments to the Commission and 24
	82	+	subject to the same qualifications which were applicable to the person causing the vacancy. 25
84	83
85		-	(4) When any member ceases to be a resident of the State. 25
	84	+	(g) A member of the Commission may not receive any compensation for the 26
	85	+	member’s services as such but shall be allowed any expenses necessarily incurred in the 27
	86	+	performance of the member’s duties as such member. 28
86	87
87		-	(f) Any vacancies on the Commission shall be filled for the unexpired term by the 26
88		-	Governor in the same manner as for making of appointments to the Commission and 27
89		-	subject to the same qualifications which were applicable to the person causing the vacancy. 28
	88	+	4B. 29
90	89
91		-	(g) A member of the Commission may not receive any compensation for the 29
92		-	member’s services as such but shall be allowed any expenses necessarily incurred in the 30
93		-	performance of the member’s duties as such member. 31
	90	+	(a) (1) The Commission on Judicial Disabilities has the power to: 30
94	91
95		-	4B. 32
96		-
97		-	(a) (1) The Commission on Judicial Disabilities has the power to: 33 HOUSE BILL 788 3
	92	+	(i) Investigate complaints against any justice or judge of the 31
	93	+	Supreme Court of Maryland, any intermediate courts of appeal, the circuit courts, the 32
	94	+	District Court of Maryland, or the orphans’ court; and 33
	95	+	HOUSE BILL 788 3
98	96
99	97
	98	+	(ii) Conduct hearings concerning such complaints, administer oaths 1
	99	+	and affirmations, issue process to compel the attendance of witnesses and the production 2
	100	+	of evidence, and require persons to testify and produce evidence by granting them immunity 3
	101	+	from prosecution or from penalty or forfeiture. 4
100	102
101		-	(i) ~~Investigate complaints against any justice or judge of~~ the 1
102		-	Supreme Court of Maryland~~, any intermediate courts of appeal,~~ the ~~circuit courts~~, ~~the 2~~
103		-	~~District Court~~ of ~~Maryland,~~ or ~~the orphans’~~ ~~court; and 3~~
	103	+	(2) The Commission has the power to issue a reprimand and the power to 5
	104	+	recommend to the Supreme Court of Maryland the removal, censure, or other appropriate 6
	105	+	disciplining of a justice or judge or, in an appropriate case, retirement. 7
104	106
105		-	(ii) ~~Conduct hearings concerning such complaints~~, ~~administer oaths 4~~
106		-	and ~~affirmations~~, ~~issue process to compel~~ the ~~attendance~~ of ~~witnesses and the production 5~~
107		-	~~of evidence,~~ and ~~require persons to testify and produce evidence by granting them immunity 6~~
108		-	~~from prosecution or from penalty or forfeiture~~. 7
	107	+	(3) All proceedings, testimony, and evidence before the Commission shall 8
	108	+	be confidential and privileged, except as provided by rule of the Supreme Court of 9
	109	+	Maryland; the record and any proceeding filed with the Supreme Court of Maryland shall 10
	110	+	lose its confidential character, except as ordered by the Supreme Court of Maryland. 11
109	111
110		-	(2) The Commission has the power to issue a reprimand and the power to 8
111		-	recommend to the Supreme Court of Maryland the removal, censure, or other appropriate 9
112		-	disciplining of a justice or judge or, in an appropriate case, retirement. 10
	112	+	(4) No justice or judge shall participate as a member of the Commission in 12
	113	+	any proceedings involving that justice’s or judge’s own conduct, and the Governor shall 13
	114	+	appoint another justice or judge as a substitute member of the Commission for those 14
	115	+	proceedings. 15
113	116
114		-	(3) All proceedings, testimony, and evidence before the Commission shall 11
115		-	be confidential and privileged, except as provided by rule of the Supreme Court of 12
116		-	Maryland; the record and any proceeding filed with the Supreme Court of Maryland shall 13
117		-	lose its confidential character, except as ordered by the Supreme Court of Maryland. 14
	117	+	(5) (I) IN THE EVENT OF A MEM BER’S RECUSAL OR 16
	118	+	DISQUALIFICATION OR THE EXPIRATION OF A MEMBER ’S TERM WITHOUT A 17
	119	+	REPLACEMENT , THE COMMISSION CHAIR MAY : 18
118	120
119		-	(4) No justice or judge shall participate as a member of the Commission in 15
120		-	any proceedings involving that justice’s or judge’s own conduct, and the Governor shall 16
121		-	appoint another justice or judge as a substitute member of the Commission for those 17
122		-	proceedings. 18
	121	+	1. RECALL A FORMER MEMBE R TO SERVE AS A 19
	122	+	TEMPORARY SUBSTITUTE MEMBER ; OR 20
123	123
124		-	(5) (I) IN THE EVENT OF A MEM BER’S RECUSAL OR 19
125		-	DISQUALIFICATION OR THE EXPIRATION OF A MEMBER’S TERM WITHOUT A 20
126		-	REPLACEMENT , THE COMMISSION CHAIR MAY : 21
	124	+	2. REQUEST THAT THE GOVERNOR APPOINT A 21
	125	+	TEMPORARY SUBSTITUTE MEMBER OR EXTEND A C URRENT MEMBER ’S TERM. 22
127	126
128		-	1. RECALL A FORMER MEMBE R TO SERVE AS A 22
129		-	TEMPORARY S UBSTITUTE MEMBER ; OR 23
	127	+	(II) ON REQUEST OF THE COMMISSION CHAIR MADE UNDER 23
	128	+	THIS PARAGRAPH , THE GOVERNOR MAY APPOINT A TEMPOR ARY SUBSTITUTE 24
	129	+	MEMBER FOR A SPECIFI ED PERIOD OR EXTEND A CURRENT MEMBER ’S TERM UNTIL 25
	130	+	A REPLACEMENT IS APP OINTED. 26
130	131
131		-	2. REQUEST THAT THE GOVERNOR APPOINT A 24
132		-	TEMPORARY SUBSTITUTE MEMBER OR EXTEND A C URRENT MEMBER ’S TERM. 25
	132	+	(III) ANY SUBSTITUTE MEMBER IS SUBJECT TO THE SA ME 27
	133	+	QUALIFICATIONS THAT WERE APPLICABLE TO T HE MEMBER FOR WHOM T HE 28
	134	+	SUBSTITUTE IS TEMPOR ARILY APPOINTED . 29
133	135
134		-	(II) ON REQUEST OF THE COMMISSION CHAIR MADE UNDER 26
135		-	THIS PARAGRAPH , THE GOVERNOR MAY APPOINT A TEMPORARY SUBSTITU TE 27
136		-	MEMBER FOR A SPECIFI ED PERIOD OR EXTEND A CURRENT MEMBER ’S TERM UNTIL 28
137		-	A REPLACEMENT IS APP OINTED. 29
	136	+	(6) The Supreme Court of Maryland shall prescribe by rule the means to 30
	137	+	implement and enforce the powers of the Commission and the practice and procedure before 31
	138	+	the Commission. 32
138	139
139		-	(III) ANY TEMPORARY SUBSTITUTE MEMBER IS: 30
140		-
141		-	1. IS SUBJECT TO THE SAME QUALIFICATIONS THAT 31
142		-	WERE APPLICABLE TO T HE MEMBER FOR WHOM T HE SUBSTITUTE IS TEM PORARILY 32
143		-	APPOINTED; AND 33
144		-	4 HOUSE BILL 788
	140	+	(b) (1) Upon any recommendation of the Commission, the Supreme Court of 33
	141	+	Maryland, after a hearing and upon a finding of misconduct while in office, or of persistent 34
	142	+	failure to perform the duties of the office, or of conduct prejudicial to the proper 35 4 HOUSE BILL 788
145	143
146	144
147		-	2. MUST BE A MEMBER OF T HE BAR IN GOOD STAND ING 1
148		-	IF THE MEMBER IS A JU DGE OR AN ATTORNEY , MUST BE A MEMBER IN GOOD 2
149		-	STANDING OF THE MARYLAND BAR . 3
	145	+	administration of justice, may remove the justice or judge from office or may censure or 1
	146	+	otherwise discipline the justice or judge, or the Supreme Court of Maryland, after hearing 2
	147	+	and upon a finding of disability which is or is likely to become permanent and which 3
	148	+	seriously interferes with the performance of the justice’s or judge’s duties, may retire the 4
	149	+	justice or judge from office. 5
150	150
151		-	(6) The ~~Supreme Court of Maryland shall prescribe by rule the means to 4~~
152		-	~~implement~~ and ~~enforce~~ the ~~powers of the Commission and the practice and procedure before 5~~
153		-	the ~~Commission~~. 6
	151	+	(2) A justice or judge removed under this section, and the justice’s or 6
	152	+	judge’s surviving spouse, shall have the rights and privileges accruing from the justice’s or 7
	153	+	judge’s judicial service only to the extent prescribed by the order of removal. 8
154	154
155		-	(b) (1) Upon any recommendation of the Commission, the Supreme Court of 7
156		-	Maryland, after a hearing and upon a finding of misconduct while in office, or of persistent 8
157		-	failure to perform the duties of the office, or of conduct prejudicial to the proper 9
158		-	administration of justice, may remove the justice or judge from office or may censure or 10
159		-	otherwise discipline the justice or judge, or the Supreme Court of Maryland, after hearing 11
160		-	and upon a finding of disability which is or is likely to become permanent and which 12
161		-	seriously interferes with the performance of the justice’s or judge’s duties, may retire the 13
162		-	justice or judge from office. 14
	155	+	(3) A justice or judge retired under this section shall have the rights and 9
	156	+	privileges prescribed by law for other retired justices or judges. 10
163	157
164		-	(2) A justice or judge removed under this section, and the justice’s or 15
165		-	judge’s surviving spouse, shall have the rights and privileges accruing from the justice’s or 16
166		-	judge’s judicial service only to the extent prescribed by the order of removal. 17
	158	+	(4) No justice of the Supreme Court of Maryland shall sit in judgment in 11
	159	+	any hearing involving that justice’s own conduct. 12
167	160
168		-	(3) A justice or judge retired under this section shall have the rights and 18
169		-	privileges prescribed by law for other retired justices or judges. 19
	161	+	(c) This section is alternative to, and cumulative with, the methods of retirement 13
	162	+	and removal provided in Sections 3 and 4 of this Article, and in Section 26 of Article III of 14
	163	+	this Constitution. 15
170	164
171		-	(4) No justice of the Supreme Court of Maryland shall sit in judgment in 20
172		-	any hearing involving that justice’s own conduct. 21
	165	+	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 16
	166	+	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 17
	167	+	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 18
	168	+	Constitution concerning local approval of constitutional amendments do not apply. 19
173	169
174		-	(c) This section is alternative to, and cumulative with, the methods of retirement 22
175		-	and removal provided in Sections 3 and 4 of this Article, and in Section 26 of Article III of 23
176		-	this Constitution. 24
177		-
178		-	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 25
179		-	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 26
180		-	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 27
181		-	Constitution concerning local approval of constitutional amendments do not apply. 28
182		-
183		-	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 29
184		-	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 30
185		-	voters of the State at the next general election to be held in November 2026 for adoption or 31
186		-	rejection in accordance with Article XIV of the Maryland Constitution. At that general 32
187		-	election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 33
188		-	each ballot there shall be printed the words “For the Constitutional Amendment” and 34
189		-	“Against the Constitutional Amendment”, as now provided by law. Immediately after the 35
190		-	election, all returns shall be made to the Governor of the vote for and against the proposed 36
191		-	amendment, as directed by Article XIV of the Maryland Constitution, and further 37
192		-	proceedings had in accordance with Article XIV. 38
193		-
	170	+	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 20
	171	+	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 21
	172	+	voters of the State at the next general election to be held in November 2026 for adoption or 22
	173	+	rejection in accordance with Article XIV of the Maryland Constitution. At that general 23
	174	+	election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 24
	175	+	each ballot there shall be printed the words “For the Constitutional Amendment” and 25
	176	+	“Against the Constitutional Amendment”, as now provided by law. Immediately after the 26
	177	+	election, all returns shall be made to the Governor of the vote for and against the proposed 27
	178	+	amendment, as directed by Article XIV of the Maryland Constitution, and further 28
	179	+	proceedings had in accordance with Article XIV. 29