Maryland 2025 Regular Session

Maryland Senate Bill SB630 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	sb0630
6	6
7	7	SENATE BILL 630
8	8	D1, G1 CONSTITUTIONAL AMENDMENT 5lr2457
9	9	CF HB 778
10	10	By: Chair, Judicial Proceedings Committee (By Request – Maryland Judicial
11	11	Conference)
12	12	Introduced and read first time: January 25, 2025
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Circuit Court Judges – Selection and Retention Elections 2
20	20
21	21	FOR the purpose of proposing amendments to the Maryland Constitution relating to the 3
22	22	selection and tenure of circuit court judges; altering the method of filling vacancies 4
23	23	in the office of a judge of a circuit court; providing for retention elections following 5
24	24	an appointment to fill a vacancy in the office of a judge of a circuit court; providing 6
25	25	for a transitional period during which the terms of certain amendments are to 7
26	26	become effective; and submitting this amendment to the qualified voters of the State 8
27	27	for their adoption or rejection. 9
28	28
29	29	BY proposing a repeal of the Maryland Constitution 10
30	30	Article IV – Judiciary Department 11
31	31	Section 3 and 5 12
32	32
33	33	BY proposing an amendment to the Maryland Constitution 13
34	34	Article IV – Judiciary Department 14
35	35	Section 3A, 5A, and 11 15
36	36
37	37	BY proposing an addition to the Maryland Constitution 16
38	38	Article XVIII – Provisions of Limited Duration 17
39	39	Section 6 18
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
42	42	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 20
43	43	proposed that the Maryland Constitution read as follows: 21
44	44
45	45	Article IV – Judiciary Department 22
46	46
47	47	[3. 23 2 SENATE BILL 630
48	48
49	49
50	50
51	51	Except for the Judges of the District Court, the Judges of the several Courts other 1
52	52	than the Supreme Court of Maryland or any intermediate courts of appeal shall, subject to 2
53	53	the provisions of Section 5 of this Article of the Constitution, be elected in Baltimore City 3
54	54	and in each county, by the qualified voters of the city and of each county, respectively, all 4
55	55	of the said Judges to be elected at the general election to be held on the Tuesday after the 5
56	56	first Monday in November, as now provided for in the Constitution. Each of the said Judges 6
57	57	shall hold the office for the term of fifteen years from the time of the election, and until the 7
58	58	Judge’s successor is elected and qualified, or until the Judge shall have attained the age of 8
59	59	seventy years, whichever may first happen, and be reeligible thereto until the Judge shall 9
60	60	have attained the age of seventy years, and not after. In case of the inability of any of said 10
61	61	Judges to discharge the Judge’s duties with efficiency, by reason of continued sickness, or 11
62	62	of physical or mental infirmity, it shall be in the power of the General Assembly, two–thirds 12
63	63	of the members of each House concurring, with the approval of the Governor to retire said 13
64	64	Judge from office.] 14
65	65
66	66	3A. 15
67	67
68	68	(a) (1) Except as provided in paragraph (2) of this subsection, any former 16
69	69	judge, except a former judge of the Orphans’ Court, may be assigned by the Chief Justice 17
70	70	of the Supreme Court of Maryland, upon approval of a majority of the court, to sit 18
71	71	temporarily in any court of this State, except an Orphans’ Court, as provided by law. 19
72	72
73	73	(2) (i) A retired judge of the Circuit Court for Montgomery County that 20
74	74	sits as the Orphans’ Court for Montgomery County may be assigned by the Chief Justice of 21
75	75	the Supreme Court of Maryland, upon approval of a majority of the Supreme Court of 22
76	76	Maryland, to do an act that a judge of the Orphans’ Court for Montgomery County is 23
77	77	authorized to perform. 24
78	78
79	79	(ii) A retired judge of the Circuit Court for Harford County that sits 25
80	80	as the Orphans’ Court for Harford County may be assigned by the Chief Justice of the 26
81	81	Supreme Court of Maryland, upon approval of a majority of the Supreme Court of 27
82	82	Maryland, to do an act that a judge of the Orphans’ Court for Harford County is authorized 28
83	83	to perform. 29
84	84
85	85	(b) The provisions of this section apply, notwithstanding provisions appearing 30
86	86	elsewhere in this Article pertaining to retirement of judges [upon] attaining THE age OF 31
87	87	70 YEARS. 32
88	88
89	89	[5. 33
90	90
91	91	Upon every occurrence or recurrence of a vacancy through death, resignation, 34
92	92	removal, disqualification by reason of age or otherwise, or expiration of the term of fifteen 35
93	93	years of any judge of a circuit court, or creation of the office of any such judge, or in any 36
94	94	other way, the Governor shall appoint a person duly qualified to fill said office, who shall 37
95	95	hold the same until the election and qualification of his successor. His successor shall be 38
96	96	elected at the first biennial general election for Representatives in Congress after the 39 SENATE BILL 630 3
97	97
98	98
99	99	expiration of the term of fifteen years (if the vacancy occurred in that way) or the first such 1
100	100	general election after one year after the occurrence of the vacancy in any other way than 2
101	101	through expiration of such term. Except in case of reappointment of a judge upon expiration 3
102	102	of his term of fifteen years, no person shall be appointed who will become disqualified by 4
103	103	reason of age and thereby unable to continue to hold office until the prescribed time when 5
104	104	his successor would have been elected.] 6
105	105
106	106	5A. 7
107	107
108	108	(a) A vacancy in the office of a justice or judge OF A CIRCUIT COURT OR of an 8
109	109	appellate court, whether occasioned by the death, resignation, removal, retirement, 9
110	110	disqualification by reason of age, or rejection by the voters of an incumbent, the creation of 10
111	111	the office of a justice or judge, or otherwise, shall be filled as provided in this section. 11
112	112
113	113	(b) [Upon] ON the occurrence of a vacancy the Governor shall appoint, by and 12
114	114	with the advice and consent of the Senate, a person duly qualified to fill [said office] THE 13
115	115	VACANCY who shall hold the [same] OFFICE until the election for continuance in office as 14
116	116	provided in subsections (c) [and], (d), AND (E) OF THIS SECTION . 15
117	117
118	118	(c) The continuance in office of a justice of the Supreme Court of Maryland, 16
119	119	FOLLOWING AN APPOINT MENT TO FILL A VACAN CY, is subject to approval or rejection 17
120	120	by the registered voters of the appellate judicial circuit from which the justice was 18
121	121	appointed at the next general election following the expiration of [one] 1 year from the date 19
122	122	of the occurrence of the vacancy which the justice was appointed to fill, and at the general 20
123	123	election next occurring every [ten] 10 years thereafter. 21
124	124
125	125	(d) The continuance in office of a judge of [the Appellate Court of Maryland] ANY 22
126	126	INTERMEDIATE COURTS OF APPEAL, FOLLOWING AN APPOINT MENT TO FILL A 23
127	127	VACANCY, is subject to approval or rejection by the registered voters of the geographical 24
128	128	area prescribed by law at the next general election following the expiration of one year from 25
129	129	the date of the occurrence of the vacancy which the judge was appointed to fill, and at the 26
130	130	general election next occurring every [ten] 10 years thereafter. 27
131	131
132	132	(E) THE CONTINUANCE IN OF FICE OF A JUDGE OF A CIRCUIT COURT , 28
133	133	FOLLOWING AN APPOINT MENT TO FILL A VACAN CY, IS SUBJECT TO APPROV AL OR 29
134	134	REJECTION BY THE REG ISTERED VOTERS OF TH E CITY OR COUNTY FRO M WHICH THE 30
135	135	JUDGE WAS APPOINTED AT THE NEXT GENERAL ELECTION FOLLOWING T HE 31
136	136	EXPIRATION OF 1 YEAR FROM THE DATE O F THE OCCURRENCE OF THE VACANCY 32
137	137	WHICH THE JUDGE WAS APPOINTED TO FILL , AND AT THE GENERAL E LECTION NEXT 33
138	138	OCCURRING EVERY 10 YEARS THEREAFTER . 34
139	139
140	140	[(e)] (F) The approval or rejection by the registered voters of a justice or judge 35
141	141	as provided for in subsections (c) [and], (d), AND (E) OF THIS SECTION shall be a vote for 36
142	142	the justice’s or judge’s retention in office for a term of [ten] 10 years or the justice’s or 37
143	143	judge’s removal. The justice’s or judge’s name shall be on the appropriate ballot, without 38 4 SENATE BILL 630
144	144
145	145
146	146	opposition, and the voters shall vote yes or no for the justice’s or judge’s retention in office. 1
147	147	If the voters reject the retention in office of a justice or judge, or if the vote is tied, the office 2
148	148	becomes vacant [ten] 10 days after certification of the election returns. 3
149	149
150	150	[(f)] (G) An appellate court OR A CIRCUIT COURT justice or judge shall retire 4
151	151	when the justice or judge attains [the justice’s or judge’s seventieth birthday] THE AGE OF 5
152	152	70 YEARS. 6
153	153
154	154	[(g)] (H) A member of the General Assembly who is otherwise qualified for 7
155	155	appointment to judicial office is not disqualified by reason of the member’s membership in 8
156	156	a General Assembly which proposed or enacted any constitutional amendment or statute 9
157	157	affecting the method of selection, continuance in office, or retirement or removal of a justice 10
158	158	or judge, the creation or abolition of a court, an increase or decrease in the number of 11
159	159	justices or judges of any court, or an increase or decrease in the salary, pension or other 12
160	160	allowances of any justice or judge. 13
161	161
162	162	11. 14
163	163
164	164	The election for Judges, hereinbefore provided, and all elections for Clerks, Registers 15
165	165	of Wills, and other officers, provided in this Constitution, except State’s Attorneys, shall be 16
166	166	certified, and the returns made, by the Clerks of the Circuit Courts of the Counties, and 17
167	167	the Clerk of the Superior Court of Baltimore City, respectively, to the Governor, who shall 18
168	168	issue commissions to the different persons for the offices to which they shall have been, 19
169	169	respectively, elected; and in all such elections for officers other than JUSTICES AND judges 20
170	170	of an appellate court OR A CIRCUIT COURT , the person having the greatest number of 21
171	171	votes, shall be declared to be elected. 22
172	172
173	173	Article XVIII – Provisions of Limited Duration 23
174	174
175	175	6. 24
176	176
177	177	(A) (1) FOR THE PURPOSE OF IM PLEMENTING TH E AMENDMENTS TO 25
178	178	ARTICLE IV OF THE MARYLAND CONSTITUTION PROPOSED BY HOUSE BILL 778 OF 26
179	179	2025 CONCERNING THE SELEC TION AND TENURE OF C IRCUIT COURT JUDGES , THE 27
180	180	FOLLOWING PROVISIONS SHALL GOVERN . 28
181	181
182	182	(2) IN ACCORDANCE WITH ARTICLE XIV, SECTION 1A OF THE 29
183	183	MARYLAND CONSTITUTION, THIS SECTION SHALL E XPIRE WHEN ALL OF TH E 30
184	184	JUDGES OF THE CIRCUI T COURTS HAVE COMPLE TED ALL THE TERMS FO R WHICH 31
185	185	THE JUDGES ARE RETAI NED IN OFFICE UNDER SUBSECTIONS (B) AND (C) OF THIS 32
186	186	SECTION OR HAVE VACA TED THEIR OFFICES FO R ANY REASON. 33
187	187
188	188	(B) (1) EACH JUDGE OF A CIRCU IT COURT WHO IS IN O FFICE FOR AN 34
189	189	ELECTED TERM ON THE EFFECTIVE DATE OF TH ESE AMENDMENTS , UNLESS THE 35
190	190	JUDGE DIES, RESIGNS, RETIRES, OR IS OTHERWISE LAWF ULLY REMOVED , SHALL 36 SENATE BILL 630 5
191	191
192	192
193	193	CONTINUE IN OFFICE U NTIL THE NEXT GENERA L ELECTION AFTER THE END OF THE 1
194	194	JUDGE’S ELECTED TERM OR UN TIL THE JUDGE ATTAIN S THE AGE OF 70 YEARS, 2
195	195	WHICHEVER OCCURS FIR ST. 3
196	196
197	197	(2) (I) FOLLOWING THE PERIOD DESCRIBED IN PARAGRA PH (1) OF 4
198	198	THIS SUBSECTION , CONTINUANCE IN OFFIC E OF A JUDGE OF A CI RCUIT COURT IS 5
199	199	THEN SUBJECT TO ARTICLE IV, SECTION 5A OF THE MARYLAND CONSTITUTION. 6
200	200
201	201	(II) IN NO EVENT SHALL ANY JUDGE OF THE CIRCUIT COURT 7
202	202	CONTINUE IN OFFICE A FTER ATTAINING THE A GE OF 70 YEARS. 8
203	203
204	204	(C) (1) EACH JUDGE OF A CIRCU IT COURT WHO IS IN O FFICE ON THE 9
205	205	EFFECTIVE DATE OF TH ESE AMENDMENTS , BUT WHO HAS NOT BEEN ELECTED TO BE 10
206	206	IN THAT OFFICE BY TH E VOTERS, SHALL, WITHIN 15 DAYS AFTER THE EFFEC TIVE 11
207	207	DATE OF THESE AMENDM ENTS, BE REAPPOINTED TO TH AT OFFICE. 12
208	208
209	209	(2) (I) CONTINUANCE OF THE JU DGE OF A CIRCUIT COU RT IN 13
210	210	OFFICE UNDER PARAGRA PH (1) OF THIS SUBSECTION I S THEN SUBJECT TO ARTICLE 14
211	211	IV, SECTION 5A OF THE MARYLAND CONSTITUTION. 15
212	212
213	213	(II) IN NO EVENT SHALL ANY JUDGE OF A CIRCUIT C OURT 16
214	214	CONTINUE IN OFFICE A FTER ATTAINING THE A GE OF 70 YEARS. 17
215	215
216	216	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 18
217	217	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 19
218	218	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 20
219	219	Constitution concerning local approval of constitutional amendments do not apply. 21
220	220
221	221	SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 22
222	222	Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 23
223	223	voters of the State at the next general election to be held in November 2026 for adoption or 24
224	224	rejection in accordance with Article XIV of the Maryland Constitution. At that general 25
225	225	election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 26
226	226	each ballot there shall be printed the words “For the Constitutional Amendment” and 27
227	227	“Against the Constitutional Amendment”, as now provided by law. Immediately after the 28
228	228	election, all returns shall be made to the Governor of the vote for and against the proposed 29
229	229	amendment, as directed by Article XIV of the Maryland Constitution, and further 30
230	230	proceedings had in accordance with Article XIV. 31
231	231