Judges - Mandatory Retirement Age

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0638*

HOUSE BILL 638
D1 CONSTITUTIONAL AMENDMENT 6lr3200

By: Delegate Cardin Delegates Cardin, Conaway, Simmons, and Woods
Introduced and read first time: January 30, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: March 7, 2026

CHAPTER ______

AN ACT concerning 1

Judges – Mandatory Retirement Age 2

FOR the purpose of altering the mandatory retirement age for certain judges under certain 3
circumstances; and establishing a mandatory retirement age for judges of the 4
Orphans’ Court, subject to a certain exception. 5

BY proposing an amendment to the Maryland Constitution 6
Article IV – Judiciary Department 7
Section 3, 3A, 5A, 18B, 40, and 41D 8

BY proposing an addition to the Maryland Constitution 9
Article XVIII – Provisions of Limited Duration 10
Section 6 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 13
proposed that the Maryland Constitution read as follows: 14

Article IV – Judiciary Department 15

3. 16

Except for the Judges of the District Court, the Judges of the several Courts other 17
than the Supreme Court of Maryland or any intermediate courts of appeal shall, subject to 18
the provisions of Section 5 of this Article of the Constitution, be elected in Bal timore City 19
2 HOUSE BILL 638

and in each county, by the qualified voters of the city and of each county, respectively, all 1
of the said Judges to be elected at the general election to be held on the Tuesday after the 2
first Monday in November, as now provided for in the Constitution. Each of the said Judges 3
shall hold the office for the term of fifteen years from the time of the election, and until the 4
Judge’s successor is elected and qualified, or until the Judge shall have attained the age of 5
[seventy] SEVENTY–THREE years, whichever may first happen, and be reeligible thereto 6
until the Judge shall have attained the age of [seventy] SEVENTY–THREE years, and not 7
after. In case of the inability of any of said Judges to discharge the Judge’s duties with 8
efficiency, by reason of continued sickness, or of physical or mental infirmity, it shall be in 9
the power of the General Assembly, two –thirds of the members of each House concurring, 10
with the approval of the Governor to retire said Judge from office. 11

3A. 12

(a) (1) Except as provided in paragraph (2) of this subsection, any former 13
judge, except a former judge of the Orphans’ Court, may be assigned by the Chief Justice 14
of the Supreme Court of Maryland, upon approval of a majority of the court, to sit 15
temporarily in any court of this State, except an Orphans’ Court, as provided by law. 16

(2) (i) A retired judge of the Circuit Court for Montgomery County that 17
sits as the Orphans’ Court for Montgomery County may be assigned by the Chief Justice of 18
the Supreme Court of Maryland, upon approval of a majority of the Supreme Court of 19
Maryland, to do an act that a judge of the Orphans’ Court for Montgomery County is 20
authorized to perform. 21

(ii) A retired judge of the Circuit Court for Harford County that sits 22
as the Orphans’ Court for Harford County may be assigned by the Chief Justice of the 23
Supreme Court of Maryland, upon approval of a majority of the Supreme Court of 24
Maryland, to do an act that a judge of the Orphans’ Court for Harford County is authorized 25
to perform. 26

(b) The p rovisions of this section apply, notwithstanding provisions appearing 27
elsewhere in this Article pertaining to retirement of judges upon attaining age [70] 28
SEVENTY–THREE. 29

5A. 30

(a) A vacancy in the office of a justice or judge of an appellate court, whethe r 31
occasioned by the death, resignation, removal, retirement, disqualification by reason of age, 32
or rejection by the voters of an incumbent, the creation of the office of a justice or judge, or 33
otherwise, shall be filled as provided in this section. 34

(b) Upon the occurrence of a vacancy the Governor shall appoint, by and with the 35
advice and consent of the Senate, a person duly qualified to fill said office who shall hold 36
the same until the election for continuance in office as provided in subsections (c) and (d). 37

HOUSE BILL 638 3

(c) The continuance in office of a justice of the Supreme Court of Maryland is 1
subject to approval or rejection by the registered voters of the appellate judicial circuit from 2
which the justice was appointed at the next general election following the expiration of one 3
year from the date of the occurrence of the vacancy which the justice was appointed to fill, 4
and at the general election next occurring every ten years thereafter. 5

(d) The continuance in office of a judge of the Appellate Court of M aryland is 6
subject to approval or rejection by the registered voters of the geographical area prescribed 7
by law at the next general election following the expiration of one year from the date of the 8
occurrence of the vacancy which the judge was appointed to fill, and at the general election 9
next occurring every ten years thereafter. 10

(e) The approval or rejection by the registered voters of a justice or judge as 11
provided for in subsections (c) and (d) shall be a vote for the justice’s or judge’s retention in 12
office for a term of ten years or the justice’s or judge’s removal. The justice’s or judge’s name 13
shall be on the appropriate ballot, without opposition, and the voters shall vote yes or no 14
for the justice’s or judge’s retention in office. If the voters reject the retention in office of a 15
justice or judge, or if the vote is tied, the office becomes vacant ten days after certification 16
of the election returns. 17

(f) An appellate court justice or judge shall retire when the justice or judge 18
attains the justice’s or judge’s [seventieth] SEVENTY–THIRD birthday. 19

(g) A member of the General Assembly who is otherwise qualified for 20
appointment to judicial office is not disqualified by reason of the member’s membership in 21
a General Assembly which proposed or enacted any constitutional amendment or statute 22
affecting the method of selection, continuance in office, or retirement or removal of a justice 23
or judge, the creation or abolition of a court, an increase or decrease in the number of 24
justices or judges of a ny court, or an increase or decrease in the salary, pension or other 25
allowances of any justice or judge. 26

18B. 27

(a) For the purpose of implementing the amendments to this article, dealing with 28
the selection and tenure of appellate court judges, the following provisions shall govern. 29

(b) Each judge of an appellate court who is in office for an elected term on the 30
effective date of these amendments, unless [he] THE JUDGE dies, resigns, retires, or is 31
otherwise lawfully removed, shall continue in office until the general election next after the 32
end of [his] THE JUDGE ’S elected term, or until [his seventieth ] THE JUDGE ’S 33
SEVENTY–THIRD birthday, whichever first occurs. [His] THE JUDGE ’S continuance in 34
office is then subject to the provisions of section 5A(c) a nd (d) of this article, applicable to 35
judges of that court, but in no event shall any judge continue in office after [his seventieth] 36
THE JUDGE’S SEVENTY–THIRD birthday. 37

4 HOUSE BILL 638

(c) Each judge of a court specified in subsection (b) who is in office on the effective 1
date of these amendments, but who has not been elected to that office by the voters, shall, 2
within fifteen days after the effective date of these amendments, be reappointed to that 3
office. [His] THE JUDGE’S continuance in office is then subject to the provisions of section 4
5A(c) and (d) of this article, applicable to judges of that court, but in no event shall any 5
judge continue in office after [his seventieth] THE JUDGE’S SEVENTY–THIRD birthday. 6

40. 7

(a) The qualified voters of the several Counties, except Howard County, 8
Montgomery County, and Harford County, shall elect three Judges of the Orphans’ Courts 9
of Counties who shall be citizens of the State and residents, for t he twelve months 10
preceding, in the County for which they may be elected. 11

(b) The qualified voters of the City of Baltimore shall elect three Judges of the 12
Orphans’ Court for Baltimore City who shall be citizens of the State and residents, for the 13
twelve months preceding, in Baltimore City and who have been admitted to practice law in 14
this State and are members in good standing of the Maryland Bar. 15

(c) The qualified voters of Prince George’s County shall elect three Judges of the 16
Orphans’ Court for Prince George’s County who shall be citizens of the State and residents, 17
for the twelve months preceding, in Prince George’s County and who have been admitted 18
to practice law in this State and are members in good standing of the Maryland Bar. 19

(d) The qualifie d voters of Baltimore County shall elect three Judges of the 20
Orphans’ Court for Baltimore County who shall be citizens of the State and residents, for 21
the twelve months preceding, in Baltimore County and who have been admitted to practice 22
law in this State and are members in good standing of the Maryland Bar. 23

(e) The Judges shall have all the powers now vested in the Orphans’ Courts of the 24
State, subject to such changes as the Legislature may prescribe. 25

(f) Each of the Judges shall be paid such compensa tion as may be regulated by 26
Law, to be paid by the City or Counties, respectively. 27

(g) In case of a vacancy in the office of Judge of the Orphans’ Court, the Governor 28
shall appoint, subject to confirmation or rejection by the Senate, some suitable person to 29
fill the vacancy for the residue of the term. 30

(H) IN NO EVENT SHALL A JUDGE OF THE ORPHANS’ COURT CONTINUE IN 31
OFFICE AFTER THE JUDGE’S SEVENTY–THIRD BIRTHDAY. 32

41D. 33

The Governor, by and with the advice and consent of the Senate, shall appoint each 34
judge of the District Court whenever for any reason a vacancy shall exist in the office. All 35
hearings, deliberations, and debate on the confirmation of appointees of the Governor shall 36
HOUSE BILL 638 5

be public, and no hearings, deliberations or debate thereon shall be conducted by the Senate 1
or any committee or subcommittee thereof in secret or executive session. Confirmation by 2
the Senate shall be made upon a majority vote of all members o f the Senate. A judge 3
appointed by the Governor may take office upon qualification and before confirmation by 4
the Senate, but shall cease to hold office at the close of the regular annual session of the 5
General Assembly next following [his] THE JUDGE’S appointment or during which [he] 6
THE JUDGE shall have been appointed by the Governor, if the Senate shall not have 7
confirmed [his] THE JUDGE ’S appointment before then. Each judge appointed by the 8
Governor and confirmed by the Senate shall hold the office for a term of ten years or until 9
[he] THAT JUDGE shall have attained the age of [seventy] SEVENTY–THREE years 10
whichever may first occur. If the ten year term of a judge shall expire before that judge 11
shall have attained the age of [seventy] SEVENTY–THREE years, that judge shall be 12
reappointed by the Governor, with the Senate’s consent, for another ten year term or until 13
[he] THAT JUDGE shall have attained the age of [seventy] SEVENTY–THREE years, 14
whichever may first occur. To the extent inconsistent herewith, the provisions of Sections 15
3 and 5 of this Article shall not apply to judges of the District Court. 16

Article XVIII – Provisions of Limited Duration 17

6. 18

(A) (1) FOR THE PURPOSE OF IM PLEMENTING THE AMENDM ENTS TO 19
ARTICLE IV OF THE MARYLAND CONSTITUTION PROPOSED BY HOUSE BILL 638 OF 20
2026, CONCERNING THE TENUR E OF JUDGES IN THE STATE, THE FOLLOWING 21
PROVISIONS SHALL GOVERN. 22

(2) IN ACCORDANCE WITH ARTICLE XIV, SECTION 1A OF THE 23
MARYLAND CONSTITUTION, THIS SECTION SHALL E XPIRE WHEN ALL OF TH E 24
JUSTICES OR JUDGES HAVE COMPLETED ALL THE TERMS FOR WHICH THE JUSTICES 25
OR JUDGES ARE RETAIN ED IN OFFICE UNDER S UBSECTIONS (B) AND (C) OF THIS 26
SECTION OR HAVE VACATED THEIR OFFICES FOR ANY REASON. 27

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , EACH 28
JUSTICE OR JUDGE WHO WAS IN OFFICE OR ELE CTED TO A TERM ON OR BEFORE 29
NOVEMBER 3, 2026, MAY CONTINUE IN OFFICE ONLY UNTIL THE JUDGE OR JUSTICE 30
ATTAINS THE AGE OF 70 YEARS. 31

(C) EACH JUDGE OF THE ORPHANS’ COURT WHO WAS ELECTED TO A TERM 32
ON OR BEFORE NOVEMBER 3, 2026, MAY SERVE THE ENTIRE TY OF THE TERM , 33
REGARDLESS OF THE AGE OF THE JUDGE. 34

SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 35
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 36
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 37
Constitution concerning local approval of constitutional amendments do not apply. 38
6 HOUSE BILL 638

SECTION 3. AND BE IT FURTHER ENACT ED, That the amendment to the 1
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 2
voters of the State at the next general election to be held in November 2026 for adoption or 3
rejection in accordance with Article XIV of the Maryland Constitution. At that general 4
election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 5
each ballot there shall be printed the words “For the Constitutional Amendment” and 6
“Against the Constitutional Amendm ent”, as now provided by law. Immediately after the 7
election, all returns shall be made to the Governor of the vote for and against the proposed 8
amendment, as directed by Article XIV of the Maryland Constitution, and further 9
proceedings held in accordance with Article XIV. 10

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.