Commission on Judicial Disabilities Vacancies Amendment

How would the amendment change the vacancy procedures for the commission? See also: Text of measure The amendment would allow the chair of the Commission on Judicial Disabilities to appoint former members to temporarily fill vacancies or allow the governor to appoint a substitute member or extend the term of an existing member when a vacancy occurs due to a commission member’s recusal, disqualification, or expiration of term. The amendment would also require any temporary substitute member to be subject to the same qualifications that applied to the former member. If the member is a judge or attorney, they would be required to be in good standing with the Maryland Bar. [2] Currently, vacancies on the state Commission on Judicial Disabilities are filled by appointment by the governor with the advice and consent of the state Senate. The quorum requirement for the commission to perform its duties is a majority of members, with at least one judge, one attorney, and one public member present. If the quorum does not have one of the three, the state Supreme Court, with the consent of the judge who is the subject of the complaint, may designate a judge, attorney, or public member to serve as a substitute member for quorum purposes. [3] What is the Commission on Judicial Disabilities? The Commission on Judicial Disabilities was established with the approval of Amendment 5 in 1966. The amendment tasked the commission with investigating complaints regarding sanctionable conduct, disability, or impairment against any judge or justice of the Supreme Court of Maryland , Appellate Court of Maryland , Circuit Courts , District Courts , or Orphans’ Courts ; issuing reprimands; and recommending to the state Supreme Court the removal, censure, or other disciplinary measures of a judge. [2] In 2024, the commission received 396 complaints. [4] Who supports and opposes the amendment? See also: Support and Opposition Judge Anne Korbel Albright , who chairs the commission, endorsed the amendment during the legislative process. It was also endorsed by the Maryland State Bar Association. Shaoli Sarkar, advocacy director of the Maryland State Bar Association, said, "HB 788 would allow the Commission [on] Judicial Disabilities, a judicial agency responsible for monitoring the conduct of Maryland judges and justices, to continue its work without delay due to member recusals or vacancies. The bill would allow substitute members to serve on the Commission and continue its very important work of investigating complaints against judges and justices, conducting hearings, issuing reprimands, and making recommendations to the Supreme Court of Maryland on any appropriate discipline of a judge." [5] Ballotpedia has not located arguments in opposition to the ballot measure. You can share arguments, along with source links for this information, with us at editor@ballotpedia.org . Constitutional changes See also: Article IV, Maryland Constitution The measure would amend sections 4A and B of Article IV of the state constitution . The following underlined text would be added, and struck-through text would be deleted: [2] Note : Hover over the text and scroll to see the full text. Section 4A (a) There is a Commission on Judicial Disabilities composed of eleven persons appointed by the Governor of Maryland, by and with the advice and consent of the Senate. (b) The members of the Commission shall be citizens and residents of this State. (c) (1) Three members of the Commission shall be appointed from among the judges of the State, with one member representing the appellate courts, one member representing the circuit courts, and one member representing District Court. (2) Three members shall be appointed from among those persons who are admitted to practice law in the State, who have been so engaged for at least seven years, and who are not judges of any court. (3) Five members shall represent the public, who may not be active or retired judges, who are not admitted to practice law in this State, and who may not have a financial relationship with or receive compensation from a judge or a person admitted to practice law in this State. (4) The composition of the Commission should reflect the race, gender, and geographic diversity of the population of the State. (d) The Subject to the provisions of § 4B(A)(5) of this Article, the term of office of each member is four years commencing on January 1 following the expiration of the member's predecessor's term. A member may not serve more than two four-year terms, or for more than a total of ten years if appointed to fill a vacancy. (e) A member's membership automatically terminates: (1) When any member of the Commission appointed from among judges in the State ceases to be a judge; (2) When any member appointed from among those admitted to practice law becomes a judge; (3) When any member representing the public becomes a judge or is admitted to the practice of law in this State or has a financial relationship with or receives compensation from a judge or a person admitted to practice law in this State; or (4) When any member ceases to be a resident of the State. (f) Any vacancies on the Commission shall be filled for the unexpired term by the Governor in the same manner as for making of appointments to the Commission and subject to the same qualifications which were applicable to the person causing the vacancy. (g) A member of the Commission may not receive any compensation for the member's services as such but shall be allowed any expenses necessarily incurred in the performance of the member's duties as such a member. Section 4B (a) (1) The Commission on Judicial Disabilities has the power to: (i) investigate complaints against any justice of the Supreme Court of Maryland, any intermediate courts of appeal, the Circuit Courts, the District Court of Maryland, or the Orphans' Court; and (ii) conduct hearings concerning such complaints, administer oaths and affirmations, issue