Circuit Court Judges - Selection and Retention Elections

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0150*

HOUSE BILL 150
D1, G1 CONSTITUTIONAL AMENDMENT 6lr0967
HB 778/25 – JUD & W&M (PRE–FILED)
By: Delegate Cardin
Requested: September 25, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary and Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Circuit Court Judges – Selection and Retention Elections 2

FOR the purpose of altering the method of selection and the tenure of circuit court judges; 3
altering the method of filling vacancies in the office of a judge of a circuit court; 4
providing for retention elections following an appointment to fill a vacancy in the 5
office of a judge of a circuit court; and providing for a transitional period during which 6
the terms of certain amendments are to become effective. 7

BY proposing a repeal of the Maryland Constitution 8
Article IV – Judiciary Department 9
Section 3 and 5 10

BY proposing an amendment to the Maryland Constitution 11
Article IV – Judiciary Department 12
Section 3A, 5A, and 11 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

2 HOUSE BILL 150

Except for the Judges of the District Court, the Judges of the several Courts other 1
than the Supreme Court of Maryland or any intermediate courts of appeal shall, subject to 2
the provisions of Section 5 of this Article of the Constitution, be elected in Baltimore City 3
and in each county, by the qualified voters of the city and of each county, respectively, all 4
of the said Judges to be elected at the general election to be held on the Tuesday after the 5
first Monday in November, as now provided for in the Constitution. Each of the said Judges 6
shall hold the office for the term of fifteen years from the time of the election, and until the 7
Judge’s successor is elected and qualified, or until the Judge shall have attained the age of 8
seventy years, whichever may first happen, and be reeligible thereto until the Judge shall 9
have attained the age of seventy years, and not after. In case of the inability of any of said 10
Judges to discharge the Judge’s duties with efficiency, by reason of continued sickness, or 11
of physical or mental infirmity, it shall be in the power of the General Assembly, two–thirds 12
of the members of each House concurring, with the approval of the Governor to retire said 13
Judge from office.] 14

3A. 15

(a) (1) Except as provided in paragraph (2) of this subsection, any former 16
judge, except a former judge of the Orphans’ Court, may be assigned by the Chief Justice 17
of the Supreme Court of Maryland, upon approval of a majority of the court, to sit 18
temporarily in any court of this State, except an Orphans’ Court, as provided by law. 19

(2) (i) A retired judge of the Circuit Court for Montgomery County that 20
sits as the Orphans’ Court for Montgomery County may be assigned by the Chief Justice of 21
the Supreme Court of Maryland, upon approval of a majority of the Supreme Court of 22
Maryland, to do an act that a judge of the Orphans’ Court for Montgomery C ounty is 23
authorized to perform. 24

(ii) A retired judge of the Circuit Court for Harford County that sits 25
as the Orphans’ Court for Harford County may be assigned by the Chief Justice of the 26
Supreme Court of Maryland, upon approval of a majority of the Supreme Court of 27
Maryland, to do an act that a judge of the Orphans’ Court for Harford County is authorized 28
to perform. 29

(b) The provisions of this section apply, notwithstanding provisions appearing 30
elsewhere in this Article pertaining to retirement of j udges [upon] attaining THE age OF 31
70 YEARS. 32

[5. 33

Upon every occurrence or recurrence of a vacancy through death, resignation, 34
removal, disqualification by reason of age or otherwise, or expiration of the term of fifteen 35
years of any judge of a circuit co urt, or creation of the office of any such judge, or in any 36
other way, the Governor shall appoint a person duly qualified to fill said office, who shall 37
hold the same until the election and qualification of his successor. His successor shall be 38
elected at the first biennial general election for Representatives in Congress after the 39
expiration of the term of fifteen years (if the vacancy occurred in that way) or the first such 40
HOUSE BILL 150 3

general election after one year after the occurrence of the vacancy in any other w ay than 1
through expiration of such term. Except in case of reappointment of a judge upon expiration 2
of his term of fifteen years, no person shall be appointed who will become disqualified by 3
reason of age and thereby unable to continue to hold office until the prescribed time when 4
his successor would have been elected.] 5

5A. 6

(a) A vacancy in the office of a justice or judge OF A CIRCUIT COURT O R of an 7
appellate court, whether occasioned by the death, resignation, removal, retirement, 8
disqualification by reason of age, or rejection by the voters of an incumbent, the creation of 9
the office of a justice or judge, or otherwise, shall be filled as provided in this section. 10

(b) [Upon] ON the occurrence of a vacancy the Governor shall appoint, by and 11
with the advice and consent of the Senate, a person duly qualified to fill [said office] THE 12
VACANCY who shall hold the [same] OFFICE until the election for continuance in office as 13
provided in subsections (c) [and], (d), AND (E) OF THIS SECTION. 14

(c) The continuan ce in office of a justice of the Supreme Court of Maryland , 15
FOLLOWING AN APPOINTMENT TO FILL A VACANCY, is subject to approval or rejection 16
by the registered voters of the appellate judicial circuit from which the justice was 17
appointed at the next general election following the expiration of [one] 1 year from the date 18
of the occurrence of the vacancy which the justice was appointed to fill, and at the general 19
election next occurring every [ten] 10 years thereafter. 20

(d) The continuance in office of a judge of [the Appellate Court of Maryland] ANY 21
INTERMEDIATE COURTS OF APPEAL , FOLLOWING AN APPOINT MENT TO FILL A 22
VACANCY, is subject to approval or rejection by the registered voters of the geographical 23
area prescribed by law at the next general election following the expiration of [one] 1 year 24
from the date of the occurrence of the vacancy which the judge was appointed to fill, and at 25
the general election next occurring every [ten] 10 years thereafter. 26

(E) THE CONTINUANCE IN OF FICE OF A JUDGE OF A CIRCUIT COURT, 27
FOLLOWING AN APPOINT MENT TO FILL A VACAN CY, IS SUBJECT TO APPROV AL OR 28
REJECTION BY THE REGISTERED VOTERS OF THE CITY OR COUNTY FROM WHICH THE 29
JUDGE WAS APPOINTED AT THE NEXT GENERAL ELECTION FOLLOWING T HE 30
EXPIRATION OF 1 YEAR FROM THE DATE O F THE OC CURRENCE OF THE VACA NCY 31
WHICH THE JUDGE WAS APPOINTED TO FILL, AND AT THE GENERAL ELECTION NEXT 32
OCCURRING EVERY 10 YEARS THEREAFTER. 33

[(e)] (F) The approval or rejection by the registered voters of a justice or judge 34
as provided for in subsections (c) [and], (d), AND (E) OF THIS SECTION shall be a vote for 35
the justice’s or judge’s retention in office for a term of [ten] 10 years or the justice’s or 36
judge’s removal. The justice’s or judge’s name shall be on the appropriate ballot, without 37
opposition, and the voters shall vote yes or no for the justice’s or judge’s retention in office. 38
4 HOUSE BILL 150

If the voters reject the retention in office of a justice or judge, or if the vote is tied, the office 1
becomes vacant [ten] 10 days after certification of the election returns. 2

[(f)] (G) An appellate court OR A CIRCUIT COURT justice or judge shall retire 3
when the justice or judge attains [the justice’s or judge’s seventieth birthday] THE AGE OF 4
70 YEARS. 5

[(g)] (H) A member of the General Assembly who is otherwise qualified f or 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

11. 13

The election for Judges, hereinbefore provided, and all elections for Clerks, Registers 14
of Wills, and other officers, provided in this Constitution, except State’s Attorneys, shall be 15
certified, and the returns made, by the Clerks of the Circuit Courts of the Counties, and 16
the Clerk of the Superior Court of Baltimore City, respectively, to the Governor, who shall 17
issue commissions to the different persons for the offices to which they shall have been, 18
respectively, elected; and in all such elections for officers other than JUSTICES AND judges 19
of an appellate court OR A CIRCUIT COURT , the person having the greatest number of 20
votes, shall be declared to be elected. 21

Article XVIII – Provisions of Limited Duration 22

6. 23

(A) (1) FOR THE PURPOSE OF IM PLEMENTING TH E AMENDMENTS TO 24
ARTICLE IV OF THE MARYLAND CONSTITUTION PROPOSED BY CHAPTER ___ (H. B. 25
___) (6LR0967) OF THE ACTS OF THE GENERAL ASSEMBLY OF 2026 CONCERNING 26
THE SELECTION AND TE NURE OF CIRCUIT COUR T JUDGES , THE FOLLOWING 27
PROVISIONS SHALL GOVERN. 28

(2) IN ACCORDANCE WITH ARTICLE XIV, SECTION 1A OF THIS 29
CONSTITUTION, THIS SECTION SHALL E XPIRE WHEN ALL OF TH E JUDGES OF THE 30
CIRCUIT COURTS HAVE COMPLETED ALL THE TERMS FOR WHICH THE JU DGES ARE 31
RETAINED IN OFFICE UNDER SUBSECTIONS (B) AND (C) OF THIS SECTION OR HAVE 32
VACATED THEIR OFFICES FOR ANY REASON. 33

(B) (1) EACH JUDGE OF A CIRCU IT COURT WHO IS IN O FFICE FOR AN 34
ELECTED TERM ON THE EFFECTIVE DATE OF TH ESE AMENDMENTS, UNLESS THE 35
JUDGE DIES , RESIGNS, RETIRES, OR IS OTHERWISE LAWF ULLY REMOVED , SHALL 36
HOUSE BILL 150 5

CONTINUE IN OFFICE UNTIL THE NEXT GENERAL ELECTION AFTER THE END OF THE 1
JUDGE’S ELECTED TERM OR UN TIL THE JUDGE ATTAIN S THE AGE OF 70 YEARS, 2
WHICHEVER OCCURS FIRST. 3

(2) (I) FOLLOWING THE PERIOD DESCRIBED IN PARAGRAPH (1) OF 4
THIS SUBSECTION, CONTINUANCE IN OFFIC E OF A JUDGE OF A CIRC UIT COURT IS 5
THEN SUBJECT TO ARTICLE IV, SECTION 5A OF THIS CONSTITUTION. 6

(II) IN NO EVENT SHALL ANY JUDGE OF THE CIRCUIT COURT 7
CONTINUE IN OFFICE AFTER ATTAINING THE AGE OF 70 YEARS. 8

(C) (1) EACH JUDGE OF A CIRCU IT COURT WHO IS I N OFFICE ON THE 9
EFFECTIVE DATE OF THESE AMENDMENTS, BUT WHO HAS NOT BEEN ELECTED TO BE 10
IN THAT OFFICE BY TH E VOTERS, SHALL, WITHIN 15 DAYS AFTER THE EFFEC TIVE 11
DATE OF THESE AMENDMENTS, BE REAPPOINTED TO THAT OFFICE. 12

(2) (I) CONTINUANCE OF THE JU DGE OF A CIRCUIT COURT IN 13
OFFICE UNDER PARAGRAPH (1) OF THIS SUBSECTION IS THEN SUBJECT TO ARTICLE 14
IV, SECTION 5A OF THIS CONSTITUTION. 15

(II) IN NO EVENT SHALL ANY JUDGE OF A CIRCUIT C OURT 16
CONTINUE IN OFFICE AFTER ATTAINING THE AGE OF 70 YEARS. 17

SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 18
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 19
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 20
Constitution concerning local approval of constitutional amendments do not apply. 21

SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 22
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 23
voters of the State at the next general election to be held in November 2026 for adoption or 24
rejection in accordance with Article XIV of the Maryland Constitution. At that general 25
election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 26
each ballot there shall be printed the words “For the Constitutional Amendment” and 27
“Against the Constitutional Amendment”, as now provided by law. Immediately after the 28
election, all returns shall be made to the Governor of the vote for and against the proposed 29
amendment, as directed by Article XIV of the Maryland Constitution, and furth er 30
proceedings held in accordance with Article XIV. 31