EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 954
D1 CONSTITUTIONAL AMENDMENT 5lr1001
By: Senators West, James, and Watson
Introduced and read first time: January 28, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Circuit Court Judges and District Court Judges – Selection and Tenure 2
FOR the purpose of altering the means of selection and determination of tenure of circuit 3
court judges; altering the method of filling vacancies in the office of a judge of a 4
circuit court; requiring Senate confirmation of individuals appointed by the Governor 5
to the office of a judge of a circuit court; prohibiting an individual from performing 6
the duties of a judge of a circuit court or of the District Court until confirmed by the 7
Senate; authorizing the Governor to convene a session of the Senate if a vacancy in 8
the office of a judge of a circuit court or of the District Court occurs during the recess 9
of the General Assembly; providing for contested elections following an appointment 10
to fill a vacancy in the office of a judge of a circuit court under certain circumstances; 11
providing for the reappointment of certain judges; and providing for a transitional 12
period during which the terms of certain amendments are to become effective. 13
BY proposing a repeal of the Maryland Constitution 14
Article IV – Judiciary Department 15
Section 3 and 5 16
BY proposing an addition to the Maryland Constitution 17
Article IV – Judiciary Department 18
Section 3 19
BY proposing an amendment to the Maryland Constitution 20
Article IV – Judiciary Department 21
Section 5A and 41D 22
BY proposing an addition to the Maryland Constitution 23
Article XVIII – Provisions of Limited Duration 24
Section 6 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 2 SENATE BILL 954
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 1
proposed that the Maryland Constitution read as follows: 2
Article IV – Judiciary Department 3
[3. 4
Except for the Judges of the District Court, the Judges of the several Courts other 5
than the Supreme Court of Maryland or any intermediate courts of appeal shall, subject to 6
the provisions of Section 5 of this Article of the Constitution, be elected in Baltimore City 7
and in each county, by the qualified voters of the city and of each county, respectively, all 8
of the said Judges to be elected at the general election to be held on the Tuesday after the 9
first Monday in November, as now provided for in the Constitution. Each of the said Judges 10
shall hold the office for the term of fifteen years from the time of the election, and until the 11
Judge’s successor is elected and qualified, or until the Judge shall have attained the age of 12
seventy years, whichever may first happen, and be reeligible thereto until the Judge shall 13
have attained the age of seventy years, and not after. In case of the inability of any of said 14
Judges to discharge the Judge’s duties with efficiency, by reason of continued sickness, or 15
of physical or mental infirmity, it shall be in the power of the General Assembly, two–thirds 16
of the members of each House concurring, with the approval of the Governor to retire said 17
Judge from office.] 18
3. 19
(A) ON THE OCCURRENCE OF A VACANCY IN THE OFF ICE OF A JUDGE OF A 20
CIRCUIT COURT , WHETHER BY DEATH , RESIGNATION, REMOVAL, RETIREMENT , 21
DISQUALIFICATION BY REASON OF AGE , REJECTION BY THE VOT ERS OF AN 22
INCUMBENT, THE CREATION OF THE OFFICE OF A JUDGE , OR OTHERWISE , THE 23
GOVERNOR, BY AND WITH THE ADVI CE AND CONSENT OF TH E SENATE, SHALL 24
APPOINT AN INDIVIDUAL WHO IS QUALIFIED TO FILL THE OFFICE. 25
(B) (1) CONFIRMATION BY THE SENATE SHALL BE MADE ON A MAJORITY 26
VOTE OF ALL MEMBERS OF THE SENATE. 27
(2) AN INDIVIDUAL APPOINT ED BY THE GOVERNOR MAY NOT 28
EXERCISE THE DUTIES OF A JUDGE OF A CIRC UIT COURT UNLESS CONFIRMED BY 29
THE SENATE. 30
(3) IF A VACANCY IN THE O FFICE OF JUDGE OF A CIRCUIT COURT 31
OCCURS DURING THE RE CESS OF THE GENERAL ASSEMBLY, THE GOVERNOR MAY 32
CONVENE THE SENATE ALONE FOR THE PURPOSE OF CONFIRMIN G AN 33
APPOINTMENT . 34
(C) (1) A CIRCUIT COURT JUDGE APPOINTED BY THE GOVERNOR AND 35
CONFIRMED BY THE SENATE MAY TAKE OFFIC E BY TAKING THE PRES CRIBED OATH 36 SENATE BILL 954 3
OF OFFICE WITHIN 30 DAYS AFTER CONFIRMAT ION. 1
(2) IF A CIRCUIT COURT JU DGE APPOINTED BY THE GOVERNOR AND 2
CONFIRMED BY THE SENATE FAILS TO TAKE OFFICE WITHIN 30 DAYS AFTER 3
CONFIRMATION , THE OFFICE SHALL BE DEEMED VACANT . 4
(D) A CIRCUIT COURT JUDGE APPOINTED BY THE GOVERNOR AND 5
CONFIRMED BY THE SENATE BY A VOTE OF A T LEAST 80% OF ALL MEMBERS OF TH E 6
SENATE AND WHO TAKES OFFICE WITHIN 30 DAYS AFTER CONFIRMATION SHALL 7
HOLD THE OFFICE FOR A TERM OF 15 YEARS FROM THE DATE THAT THE JUDGE TOOK 8
OFFICE AND UNTIL THE JUDGE’S SUCCESSOR IS APPOI NTED OR ELECTED , AS 9
APPLICABLE, AND QUALIFIED , OR UNTIL THE JUDGE A TTAINS THE AGE OF 70 YEARS, 10
WHICHEVER OCCURS FIR ST. 11
(E) (1) IF A CIRCUIT COURT JU DGE WHO WAS CONFIRME D BY THE 12
SENATE BY A VOTE OF A T LEAST A MAJORITY B UT LESS THAN 80% OF ALL MEMBERS 13
OF THE SENATE TAKES OFFICE F OLLOWING CONFIRMATIO N BY THE SENATE, THE 14
CONTINUANCE IN OFFIC E OF THE JUDGE IS SU BJECT TO APP ROVAL OR REJECTION 15
BY THE REGISTERED VO TERS OF THE CITY OR COUNTY FROM WHICH TH E JUDGE WAS 16
APPOINTED AT THE NEX T GENERAL ELECTION F OLLOWING THE EXPIRAT ION OF 1 17
YEAR FROM THE DATE T HAT THE JUDGE TOOK O FFICE. 18
(2) (I) THE APPROVAL OR REJEC TION OF THE JUDGE BY THE 19
REGISTERED VOTERS SH ALL BE BY CONTESTED ELECTION IN WHICH OT HER 20
CANDIDATES WHO ARE Q UALIFIED FOR THE OFF ICE OF CIRCUIT COURT JUDGE MAY 21
FILE AS CANDIDATES . 22
(II) 1. A CANDIDATE IS CONSIDE RED QUALIFIED IF THE 23
CANDIDATE HAS APPLIED TO THE APPROPRIA TE JUDICIAL NOMINATING 24
COMMISSION AND THE COMMISSION FORWARD S THE NAME OF THE CANDIDATE TO 25
THE GOVERNOR AS AN INDIVI DUAL WHO IS FULLY PR OFESSIONAL LY QUALIFIED FOR 26
THE OFFICE OF CIRCUI T COURT JUDGE . 27
2. A CANDIDATE WHOSE NAME IS FORWAR DED TO THE 28
GOVERNOR IN ACCORDANC E WITH SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH 29
SHALL BE CONSIDERED QUALIFIED INDEFINITELY, UNLESS THE JUDICIAL 30
NOMINATING COMMISSIO N ALERTS THE GOVERNOR THAT IT NO LONGER 31
CONSIDERS THE CANDIDATE QUALIF IED. 32
(3) THE CANDIDATE WHO WIN S ELECTION IN THE GE NERAL 33
ELECTION SHALL SERVE FOR A TE RM OF 15 YEARS FROM THE DATE THAT THE JUDGE 34
TAKES OFFICE AND UNT IL THE JUDGE’S SUCCESSOR IS APPOI NTED OR ELECTED , AS 35
APPLICABLE, AND QUALIFIED , OR UNTIL THE JUDGE A TTAINS THE AGE OF 70 YEARS, 36 4 SENATE BILL 954
WHICHEVER OCCURS FIR ST. 1
(F) (1) IF THE 15–YEAR TERM OF A CIRCU IT COURT JUDGE EXPIR ES 2
BEFORE THE JUDGE ATT AINS THE AGE OF 70 YEARS, THAT JUDGE MAY BE 3
REAPPOINTED BY THE GOVERNOR FOR ANOTHER 15–YEAR TERM, OR UNTIL THE 4
JUDGE ATTAINS THE AG E OF 70 YEARS, WHICHEVER OCCURS FIR ST. 5
(2) THE REAPPOINT MENT OF A CIRCUIT CO URT JUDGE UNDER THIS 6
SUBSECTION IS NOT SU BJECT TO CONFIRMATIO N BY THE SENATE. 7
[5. 8
Upon every occurrence or recurrence of a vacancy through death, resignation, 9
removal, disqualification by reason of age or otherwise, or expiration of the term of fifteen 10
years of any judge of a circuit court, or creation of the office of any such judge, or in any 11
other way, the Governor shall appoint a person duly qualified to fill said office, who shall 12
hold the same until the election and qualification of his successor. His successor shall be 13
elected at the first biennial general election for Representatives in Congress after the 14
expiration of the term of fifteen years (if the vacancy occurred in that way) or the first such 15
general election after one year after the occurrence of the vacancy in any other way than 16
through expiration of such term. Except in case of reappointment of a judge upon expiration 17
of his term of fifteen years, no person shall be appointed who will become disqualified by 18
reason of age and thereby unable to continue to hold office until the prescribed time when 19
his successor would have been elected.] 20
[5A.] 5. 21
(a) A vacancy in the office of a justice or judge of an appellate court, whether 22
occasioned by the death, resignation, removal, retirement, disqualification by reason of age, 23
or rejection by the voters of an incumbent, the creation of the office of a justice or judge, or 24
otherwise, shall be filled as provided in this section. 25
(b) Upon the occurrence of a vacancy the Governor shall appoint, by and with the 26
advice and consent of the Senate, a person duly qualified to fill said office who shall hold 27
the same until the election for continuance in office as provided in subsections (c) and (d). 28
(c) The continuance in office of a justice of the Supreme Court of Maryland is 29
subject to approval or rejection by the registered voters of the appellate judicial circuit from 30
which the justice was appointed at the next general election following the expiration of 31
[one] 1 year from the date of the occurrence of the vacancy which the justice was appointed 32
to fill, and at the general election next occurring every [ten] 10 years thereafter. 33
(d) The continuance in office of a judge of the Appellate Court of Maryland is 34
subject to approval or rejection by the registered voters of the geographical area prescribed 35
by law at the next general election following the expiration of [one] 1 year from the date of 36
the occurrence of the vacancy which the judge was appointed to fill, and at the general 37 SENATE BILL 954 5
election next occurring every [ten] 10 years thereafter. 1
(e) (1) The approval or rejection by the registered voters of a justice or judge 2
as provided for in subsections (c) and (d) shall be a vote for the justice’s or judge’s retention 3
in office for a term of [ten] 10 years or the justice’s or judge’s removal. 4
(2) The justice’s or judge’s name shall be on the appropriate ballot, without 5
opposition, and the voters shall vote yes or no for the justice’s or judge’s retention in office. 6
If the voters reject the retention in office of a justice or judge, or if the vote is tied, the office 7
becomes vacant [ten] 10 days after certification of the election returns. 8
(f) An appellate court justice or judge shall retire when the justice or judge 9
attains the justice’s or judge’s [seventieth] 70TH birthday. 10
(g) A member of the General Assembly who is otherwise qualified for 11
appointment to judicial office is not disqualified by reason of the member’s membership in 12
a General Assembly which proposed or enacted any constitutional amendment or statute 13
affecting the method of selection, continuance in office, or retirement or removal of a justice 14
or judge, the creation or abolition of a court, an increase or decrease in the number of 15
justices or judges of any court, or an increase or decrease in the salary, pension, or other 16
allowances of any justice or judge. 17
41D. 18
(A) The Governor, by and with the advice and consent of the Senate, shall appoint 19
each judge of the District Court whenever for any reason a vacancy [shall exist] EXISTS in 20
the office. 21
(B) All hearings, deliberations, and debate on the confirmation of appointees of 22
the Governor shall be public, and no hearings, deliberations, or debate [thereon] shall be 23
conducted by the Senate or any committee or subcommittee [thereof] OF THE SENATE in 24
secret or executive session. 25
(C) (1) Confirmation by the Senate shall be made [upon] ON a majority vote of 26
all members of the Senate. 27
(2) A judge appointed by the Governor [may take office upon qualification 28
and] MAY NOT EXERCISE THE DUTIES O F A JUDGE OF THE DISTRICT COURT before 29
confirmation by the Senate[, but shall cease to hold office at the close of the regular annual 30
session of the General Assembly next following his appointment or during which he shall 31
have been appointed by the Governor, if the Senate shall not have confirmed his 32
appointment before then]. 33
(3) IF A VACANCY IN THE O FFICE OF JUDGE OF TH E DISTRICT COURT 34
OCCURS DURING THE RE CESS OF THE GENERAL ASSEMBLY, THE GOVERNOR MAY 35 6 SENATE BILL 954
CONVENE THE SENATE ALONE FOR TH E PURPOSE OF CONFIRM ING AN 1
APPOINTMENT . 2
(D) Each judge appointed by the Governor and confirmed by the Senate shall hold 3
the office for a term of [ten] 10 years or until [he shall have attained] THE JUDGE ATTAINS 4
the age of [seventy] 70 years whichever may first occur. 5
(E) If the [ten year] 10–YEAR term of a judge [shall expire] EXPIRES before that 6
judge [shall have attained] ATTAINS the age of [seventy] 70 years, that judge shall be 7
reappointed by the Governor, with the Senate’s consent, for another [ten year] 10–YEAR 8
term or until [he shall have attained] THE JUDGE ATTAINS the age of [seventy] 70 years, 9
whichever [may first occur] OCCURS FIRST . [To the extent inconsistent herewith, the 10
provisions of Sections 3 and 5 of this Article shall not apply to judges of the District Court.] 11
Article XVIII – Provisions of Limited Duration 12
6. 13
(A) FOR THE PURPOSE OF IM PLEMENTING THE AMEND MENTS TO ARTICLE 14
IV OF THIS CONSTITUTION PROPOSED BY SENATE BILL 954 OF 2025 CONCERNING 15
THE SELECTION AND TE NURE OF CIRCUIT COUR T JUDGES, THE FOLLOWING 16
PROVISIONS SHALL GOV ERN. IN ACCORDANCE WITH ARTICLE XIV, SECTION 1A OF 17
THIS CONSTITUTION, THIS SECTION SHALL E XPIRE WHEN ALL THE J UDGES OF THE 18
CIRCUIT COURTS HAVE COMPLETED ALL THE TERMS FOR WHICH THE JUDGES ARE 19
RETAINED IN OFFICE U NDER SUBSECTIONS (B) AND (C) OF THIS SECTION OR H AVE 20
VACATED THEIR OFFICE S FOR ANY REASON . 21
(B) EACH JUDGE OF A CIRCU IT COURT WHO IS IN O FFICE FOR AN ELECTED 22
TERM ON THE EFFECTIV E DATE OF THESE AMEN DMENTS, UNLESS THE JUDGE DIE S, 23
RESIGNS, RETIRES, OR IS OTHERWISE LAWF ULLY REMOVED , SHALL CONTINUE IN 24
OFFICE UNTIL THE JUD GE’S SUCCESSOR IS APPOI NTED OR ELECTED , AS 25
APPLICABLE, AND QUALIFIED OR UNT IL THE JUDGE ATTAINS THE AGE OF 70 YEARS, 26
WHICHEVER OCCURS FIR ST. CONTINUANCE OF THE JU DGE IN OFFICE IS THE N 27
SUBJECT TO THE PROVI SIONS OF ARTICLE IV, SECTION 3 OF THIS CONSTITUTION, 28
BUT IN NO EVENT SHAL L ANY JUDGE CONTINUE IN OFFICE AFTER ATTA INING THE 29
AGE OF 70 YEARS. 30
(C) EACH JUDGE OF A CIRCU IT COURT WHO IS IN O FFICE ON THE EFFECTIVE 31
DATE OF THE AMENDMEN TS TO ARTICLE IV OF THIS CONSTITUTION PROPOSED BY 32
SENATE BILL 954 OF 2025, BUT WHO HAS NOT BEEN ELECTED TO THAT OFFI CE BY 33
THE VOTERS, SHALL CONTINUE TO BE GOVERNED BY ARTICLE IV, SECTIONS 3 AND 34
5 OF THIS CONSTITUTION, AS IN EFFECT BEFORE THE RATIFICATION OF THE 35
AMENDMENTS TO ARTICLE IV OF THIS CONSTITUTION PROPOSED BY SENATE BILL 36
954 OF 2025. IF THE JUDGE IS ELECT ED TO THE OFFICE , THE JUDGE SHALL 37 SENATE BILL 954 7
CONTINUE IN OFFICE U NTIL THE JUDGE ’S SUCCESSOR IS APPOI NTED OR ELECTED , 1
AS APPLICABLE, AND QUALIFIED OR UNT IL THE JUDGE ATTAINS THE AGE OF 70 2
YEARS, WHICHEVER OCCURS FIR ST. CONTINUANCE OF THE JU DGE IN OFFICE AT THE 3
END OF THE ELECTED T ERM IS THEN SUBJECT TO THE PROVISIONS OF ARTICLE IV, 4
SECTION 3 OF THIS CONSTITUTION, BUT IN NO EVENT SHALL ANY JUDG E CONTINUE 5
IN OFFICE AFTER ATTA INING THE AGE OF 70 YEARS. 6
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 7
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 8
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 9
Constitution concerning local approval of constitutional amendments do not apply. 10
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 11
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 12
voters of the State at the next general election to be held in November 2026 for adoption or 13
rejection in accordance with Article XIV of the Maryland Constitution. At that general 14
election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 15
each ballot there shall be printed the words “For the Constitutional Amendment” and 16
“Against the Constitutional Amendment”, as now provided by law. Immediately after the 17
election, all returns shall be made to the Governor of the vote for and against the proposed 18
amendment, as directed by Article XIV of the Maryland Constitution, and further 19
proceedings had in accordance with Article XIV. 20