Maryland 2025 Regular Session

Maryland Senate Bill SB619 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	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		sb0619
10	9
11	10		SENATE BILL 619
12		-	D1 CONSTITUTIONAL AMENDMENT (5lr2456)
13		-	ENROLLED BILL
14		-	— Judicial Proceedings/Judiciary —
15		-	Introduced by Chair, Judicial Proceedings Committee (By Request – Maryland
16		-	Judicial Conference)
17		-
18		-	Read and Examined by Proofreaders:
19		-
20		-	_______________________________________________
21		-	Proofreader.
22		-	_______________________________________________
23		-	Proofreader.
24		-
25		-	Sealed with the Great Seal and presented to the Govern or, for his approval this
26		-
27		-	_______ day of _______________ at ________________________ o’clock, ________M.
28		-
29		-	______________________________________________
30		-	President.
	11	+	D1 CONSTITUTIONAL AMENDMENT 5lr2456
	12	+	CF HB 788
	13	+	By: Chair, Judicial Proceedings Committee (By Request – Maryland Judicial
	14	+	Conference)
	15	+	Introduced and read first time: January 25, 2025
	16	+	Assigned to: Judicial Proceedings
	17	+	Committee Report: Favorable
	18	+	Senate action: Adopted
	19	+	Read second time: February 21, 2025
31	20
32	21		CHAPTER ______
33	22
34	23		AN ACT concerning 1
35	24
36	25		Judiciary Department – Commission on Judicial Disabilities – Temporary 2
37	26		Appointment 3
38	27
39	28		FOR the purpose of allowing the chair of the Commission on Judicial Disabilities to appoint 4
40	29		a former member to temporarily fill a certain vacancy on the Commission; and 5
41	30		allowing the Governor, on certain request of the chair, to appoint a temporary 6
42	31		substitute member or extend the term of an existing member of the Commission. 7
43	32
44	33		BY proposing an amendment to the Maryland Constitution 8
45	34		Article IV – Judiciary Department 9
46	35		Section 4A and 4B 10
47		-	2 SENATE BILL 619
48	36
	37	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
	38	+	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 12
	39	+	proposed that the Maryland Constitution read as follows: 13
49	40
50		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51		-	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 2
52		-	proposed that the Maryland Constitution read as follows: 3
	41	+	Article IV – Judiciary Department 14
53	42
54		-	~~Article IV – Judiciary Department 4~~
	43	+	4A. 15
55	44
56		-	4A. 5
	45	+	(a) There is a Commission on Judicial Disabilities composed of eleven persons 16
	46	+	appointed by the Governor of Maryland, by and with the advice and consent of the Senate. 17
57	47
58		-	(a) There is a Commission on Judicial Disabilities composed of eleven persons 6
59		-	appointed by the Governor of Maryland, by and with the advice and consent of the Senate. 7
60		-
61		-	(b) The members of the Commission shall be citizens and residents of this State. 8
62		-
63		-	(c) (1) Three members of the Commission shall be appointed from among the 9
64		-	judges of the State, with one member representing the appellate courts, one member 10
65		-	representing the Circuit Courts, and one member representing the District Court. 11
66		-
67		-	(2) Three members shall be appointed from among those persons who are 12
68		-	admitted to practice law in the State, who have been so engaged for at least seven years, 13
69		-	and who are not judges of any court. 14
70		-
71		-	(3) Five members shall represent the public, who may not be active or 15
72		-	retired judges, who are not admitted to practice law in this State, and who may not have a 16
73		-	financial relationship with or receive compensation from a judge or a person admitted to 17
74		-	practice law in this State. 18
75		-
76		-	(4) The composition of the Commission should reflect the race, gender, and 19
77		-	geographic diversity of the population of the State. 20
78		-
79		-	(d) [The] SUBJECT TO THE PROVIS IONS OF § 4B(A)(5) OF THIS ARTICLE , 21
80		-	THE term of office of each member is four years commencing on January 1 following the 22
81		-	expiration of the member’s predecessor’s term. A member may not serve more than two 23
82		-	four–year terms, or for more than a total of ten years if appointed to fill a vacancy. 24
83		-
84		-	(e) A member’s membership automatically terminates: 25
85		-
86		-	(1) When any member of the Commission appointed from among judges in 26
87		-	the State ceases to be a judge; 27
88		-
89		-	(2) When any member appointed from among those admitted to practice 28
90		-	law becomes a judge; 29
91		-
92		-	(3) When any member representing the public becomes a judge or is 30
93		-	admitted to the practice of law in this State or has a financial relationship with or receives 31
94		-	compensation from a judge or a person admitted to practice law in this State; or 32
95		-
96		-	(4) When any member ceases to be a resident of the State. 33 SENATE BILL 619 3
	48	+	(b) The members of the Commission shall be citizens and residents of this State. 18 2 SENATE BILL 619
97	49
98	50
99	51
100		-	(f) ~~Any vacancies on~~ the Commission shall be ~~filled for the unexpired term by~~ the 1
101		-	~~Governor in~~ the ~~same manner as for making of appointments to~~ the ~~Commission and~~ 2
102		-	~~subject to~~ the ~~same qualifications which were applicable to~~ the ~~person causing the vacancy~~. 3
	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
103	55
104		-	(g) ~~A member of the Commission may not receive any compensation for the~~ 4
105		-	~~member’s services as such but shall be allowed any expenses necessarily incurred~~ in the 5
106		-	~~performance~~ of ~~the member’s duties as such member~~. 6
	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
107	59
108		-	4B. 7
	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
109	64
110		-	(a) (1) The Commission on Judicial Disabilities has the power to: 8
	65	+	(4) The composition of the Commission should reflect the race, gender, and 11
	66	+	geographic diversity of the population of the State. 12
111	67
112		-	(i) Investigate complaints against any justice or judge of the 9
113		-	Supreme Court of Maryland, any intermediate courts of appeal, the circuit courts, the 10
114		-	District Court of Maryland, or the orphans’ court; and 11
	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
115	72
116		-	(ii) Conduct hearings concerning such complaints, administer oaths 12
117		-	and affirmations, issue process to compel the attendance of witnesses and the production 13
118		-	of evidence, and require persons to testify and produce evidence by granting them immunity 14
119		-	from prosecution or from penalty or forfeiture. 15
	73	+	(e) A member’s membership automatically terminates: 17
120	74
121		-	(2) The Commission has the power to issue a reprimand and the power to 16
122		-	recommend to the Supreme Court of Maryland the removal, censure, or other appropriate 17
123		-	disciplining of a justice or judge or, in an appropriate case, retirement. 18
	75	+	(1) When any member of the Commission appointed from among judges in 18
	76	+	the State ceases to be a judge; 19
124	77
125		-	(3) All proceedings, testimony, and evidence before the Commission shall 19
126		-	be confidential and privileged, except as provided by rule of the Supreme Court of 20
127		-	Maryland; the record and any proceeding filed with the Supreme Court of Maryland shall 21
128		-	lose its confidential character, except as ordered by the Supreme Court of Maryland. 22
	78	+	(2) When any member appointed from among those admitted to practice 20
	79	+	law becomes a judge; 21
129	80
130		-	(4) No justice or judge shall participate as a member of the Commission in 23
131		-	any proceedings involving that justice’s or judge’s own conduct, and the Governor shall 24
132		-	appoint another justice or judge as a substitute member of the Commission for those 25
133		-	proceedings. 26
	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
134	84
135		-	(5) (I) IN THE EVENT OF A MEM BER’S RECUSAL OR 27
136		-	DISQUALIFICATION OR THE EXPIRATION OF A MEMBER’S TERM WITHOUT A 28
137		-	REPLACEMENT , THE COMMISSION CHAIR MAY : 29
	85	+	(4) When any member ceases to be a resident of the State. 25
138	86
139		-	1. RECALL A FORMER MEMBE R TO SERVE AS A 30
140		-	TEMPORARY SUBSTITUTE MEMBER; OR 31
	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
141	90
142		-	2. REQUEST THAT THE GOVERNOR A PPOINT A 32
143		-	TEMPORARY SUBSTITUTE MEMBER OR EXTEND A C URRENT MEMBER ’S TERM. 33
	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
	94	+
	95	+	4B. 32
	96	+
	97	+	(a) (1) The Commission on Judicial Disabilities has the power to: 33 SENATE BILL 619 3
	98	+
	99	+
	100	+
	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
	104	+
	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
	109	+
	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
	113	+
	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
	118	+
	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
	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
	127	+
	128	+	1. RECALL A FORMER MEMBE R TO SERVE AS A 22
	129	+	TEMPORARY SUBSTITUTE MEMBER; OR 23
	130	+
	131	+	2. REQUEST THAT THE GOVERNOR APPOINT A 24
	132	+	TEMPORARY SUBSTITUTE MEMBER OR EXTEND A C URRENT MEMBER ’S TERM. 25
	133	+
	134	+	(II) ON REQUEST OF THE COMMISSION CHAIR MA DE 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
	138	+
	139	+	(III) ANY SUBSTITUTE MEMBER IS SUBJECT TO THE SA ME 30
	140	+	QUALIFICATIONS THAT WERE APPL ICABLE TO THE MEMBER FOR WHOM THE 31
	141	+	SUBSTITUTE IS TEMPOR ARILY APPOINTED . 32
144	142		4 SENATE BILL 619
145	143
146	144
147		-	(II) ON REQUEST OF THE COMMISSION CHAIR MADE UNDER 1
148		-	THIS PARAGRAPH , THE GOVERNOR MAY APPOINT A TEMPORARY SUBSTITU TE 2
149		-	MEMBER FOR A SPECIFI ED PERIOD OR EXTEND A CURRENT MEMBER ’S TERM UNTIL 3
150		-	A REPLACEMENT IS APP OINTED. 4
	145	+	(6) The Supreme Court of Maryland shall prescribe by rule the means to 1
	146	+	implement and enforce the powers of the Commission and the practice and procedure before 2
	147	+	the Commission. 3
151	148
152		-	(III) ANY TEMPORARY SUBSTITUTE MEMBER IS: 5
	149	+	(b) (1) Upon any recommendation of the Commission, the Supreme Court of 4
	150	+	Maryland, after a hearing and upon a finding of misconduct while in office, or of persistent 5
	151	+	failure to perform the duties of the office, or of conduct prejudicial to the proper 6
	152	+	administration of justice, may remove the justice or judge from office or may censure or 7
	153	+	otherwise discipline the justice or judge, or the Supreme Court of Maryland, after hearing 8
	154	+	and upon a finding of disability which is or is likely to become permanent and which 9
	155	+	seriously interferes with the performance of the justice’s or judge’s duties, may retire the 10
	156	+	justice or judge from office. 11
153	157
154		-	~~1. IS SUBJECT TO~~ THE ~~SAME QUALIFICATIONS THAT 6~~
155		-	~~WERE APPLICABLE TO T HE MEMBER FOR WHOM T HE SUBSTITUTE IS TEM PORARILY 7~~
156		-	~~APPOINTED; AND 8~~
	158	+	(2) A justice or judge removed under this section, and the justice’s or 12
	159	+	judge’s surviving spouse, shall have the rights and privileges accruing from the justice’s or 13
	160	+	judge’s judicial service only to the extent prescribed by the order of removal. 14
157	161
158		-	~~2. IF~~ THE ~~MEMBER IS A JU DGE OR AN ATTORNEY, MUST 9~~
159		-	~~BE A MEMBER IN GOOD STANDING OF THE MARYLAND BAR~~. 10
	162	+	(3) A justice or judge retired under this section shall have the rights and 15
	163	+	privileges prescribed by law for other retired justices or judges. 16
160	164
161		-	(6) The Supreme Court of Maryland shall prescribe by rule the means to 11
162		-	implement and enforce the powers of the Commission and the practice and procedure before 12
163		-	the Commission. 13
	165	+	(4) No justice of the Supreme Court of Maryland shall sit in judgment in 17
	166	+	any hearing involving that justice’s own conduct. 18
164	167
165		-	(b) (1) Upon any recommendation of the Commission, the Supreme Court of 14
166		-	Maryland, after a hearing and upon a finding of misconduct while in office, or of persistent 15
167		-	failure to perform the duties of the office, or of conduct prejudicial to the proper 16
168		-	administration of justice, may remove the justice or judge from office or may censure or 17
169		-	otherwise discipline the justice or judge, or the Supreme Court of Maryland, after hearing 18
170		-	and upon a finding of disability which is or is likely to become permanent and which 19
171		-	seriously interferes with the performance of the justice’s or judge’s duties, may retire the 20
172		-	justice or judge from office. 21
	168	+	(c) This section is alternative to, and cumulative with, the methods of retirement 19
	169	+	and removal provided in Sections 3 and 4 of this Article, and in Section 26 of Article III of 20
	170	+	this Constitution. 21
173	171
174		-	(2) A justice or judge removed under this section, and the justice’s or 22
175		-	judge’s surviving spouse, shall have the rights and privileges accruing from the justice’s or 23
176		-	judge’s judicial service only to the extent prescribed by the order of removal. 24
	172	+	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 22
	173	+	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 23
	174	+	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 24
	175	+	Constitution concerning local approval of constitutional amendments do not apply. 25
177	176
178		-	(3) A justice or judge retired under this section shall have the rights and 25
179		-	privileges prescribed by law for other retired justices or judges. 26
	177	+	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 26
	178	+	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 27
	179	+	voters of the State at the next general election to be held in November 2026 for adoption or 28
	180	+	rejection in accordance with Article XIV of the Maryland Constitution. At that general 29
	181	+	election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 30
	182	+	each ballot there shall be printed the words “For the Constitutional Amendment” and 31
	183	+	“Against the Constitutional Amendment”, as now provided by law. Immediately after the 32
	184	+	election, all returns shall be made to the Governor of the vote for and against the proposed 33
	185	+	amendment, as directed by Article XIV of the Maryland Constitution, and further 34
	186	+	proceedings had in accordance with Article XIV. 35
180	187
181		-	(4) No justice of the Supreme Court of Maryland shall sit in judgment in 27
182		-	any hearing involving that justice’s own conduct. 28
183		-
184		-	(c) This section is alternative to, and cumulative with, the methods of retirement 29
185		-	and removal provided in Sections 3 and 4 of this Article, and in Section 26 of Article III of 30
186		-	this Constitution. 31
187		-
188		-	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 32
189		-	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 33
190		-	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 34
191		-	Constitution concerning local approval of constitutional amendments do not apply. 35
192		-	SENATE BILL 619 5
193		-
194		-
195		-	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 1
196		-	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 2
197		-	voters of the State at the next general election to be held in November 2026 for adoption or 3
198		-	rejection in accordance with Article XIV of the Maryland Constitution. At that general 4
199		-	election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 5
200		-	each ballot there shall be printed the words “For the Constitutional Amendment” and 6
201		-	“Against the Constitutional Amendment”, as now provided by law. Immediately after the 7
202		-	election, all returns shall be made to the Governor of the vote for and against the proposed 8
203		-	amendment, as directed by Article XIV of the Maryland Constitution, and further 9
204		-	proceedings had in accordance with Article XIV. 10
205		-
206		-
207		-
208		-	Approved:
209		-	________________________________________________________________________________
210		-	Governor.
211		-	________________________________________________________________________________
212		-	President of the Senate.
213		-	________________________________________________________________________________
214		-	Speaker of the House of Delegates.