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SB 954

Circuit Court Judges and District Court Judges – Selection and Tenure

2025 Regular Session Introduced by Mary-Dulany James and 2 co-sponsors

SB 954 would require Senate confirmation for circuit court judges, with an 80% threshold for 15-year terms or, below that, contested elections at the next general election.

Hearing 2/18 at 1:00 p.m.
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Bill Summary · SB 954

Summary — SB 954: Circuit Court Judges and District Court Judges — Selection and Tenure (Maryland)

Status: Introduced Jan. 28, 2025; Judicial Proceedings Committee hearing scheduled Feb. 18, 2025 at 1:00 p.m.
Type: Proposed constitutional amendment (changes to Maryland Constitution, Art. IV).
Sponsor(s): Senators West, James, Watson (5lr1001)

Purpose

SB 954 would change how circuit court judges (and, to a lesser extent, District Court judges) are appointed, confirmed, and retained. It shifts greater formal role to the Maryland Senate in confirming gubernatorial judicial appointments, defines several confirmation thresholds tied to tenure length, and creates a process for contested elections under certain confirmation outcomes. The measure is a proposed constitutional amendment and would require the Legislature’s required supermajority and subsequent voter approval.

Key provisions

  • Governor appointment with Senate consent:

    • On a vacancy in a circuit court judgeship, the Governor must appoint a qualified individual “by and with the advice and consent of the Senate.”
    • Confirmation requires a majority vote of all Senate members.
    • An appointee may NOT exercise judicial duties until confirmed by the Senate.
    • If a vacancy occurs during the General Assembly recess, the Governor may convene the Senate alone to confirm an appointment.

  • Confirmation thresholds and tenure for circuit court judges:

    • If the Senate confirms an appointee by at least 80% of all members and the judge takes office within 30 days, the judge serves a 15‑year term (or until successor appointed/elected and qualified, or until age 70).
    • If the Senate confirms by a majority but less than 80% and the judge takes office, the judge must stand in a contested election before the voters of the relevant city or county at the next general election occurring after one year in office. That election is open to any qualified candidate (qualified by applying to the appropriate judicial nominating commission and having their name forwarded to the Governor). The winner serves a 15‑year term.
    • A judge whose 15‑year term expires prior to age 70 may be reappointed by the Governor for another 15‑year term; such reappointments are not subject to Senate confirmation.

  • Procedural rules:

    • A confirmed circuit court judge must take the prescribed oath within 30 days after confirmation; failure to do so renders the office vacant.
    • Judicial nominating commissions continue to play a role in determining candidate qualifications for contested elections.

  • District Court judges:

    • An appointee may not perform District Court duties until Senate confirmation.
    • The Governor may convene the Senate alone to confirm if a vacancy arises during recess.

Who/what is affected

  • Directly affects:
    • Circuit court judge selection, tenure, and retention processes across Maryland counties and Baltimore City.
    • The Governor’s appointment power and the Senate’s confirmation authority.
    • Judicial nominating commissions (in candidate qualification for contested elections).
  • Indirectly affects:
    • Trial court operations (possible timing of when judges may assume duties).
    • Voters in jurisdictions where contested elections would be required.

Implementation / Timeline considerations

  • This bill proposes a constitutional amendment: it must pass the General Assembly with the required supermajority and then be submitted to voters for approval at a general election. The bill text includes transitional provisions for judges already in office.
  • Confirmed appointees must take office within 30 days of confirmation or the office becomes vacant.
  • If confirmed by majority but under 80%, a one‑year waiting period applies before the contested election at the next general election.

Fiscal and operational impact

  • The Department of Legislative Services’ fiscal note indicates no material fiscal effect on State or local finances.
  • Operational impact: potential delays in judges taking office while awaiting Senate confirmation or while the Governor convenes the Senate, which could affect court scheduling and staffing.

Key implications to watch

  • Shifts in balance among executive appointment power, legislative confirmation power, and voter involvement in retention.
  • The 80% supermajority threshold for a 15‑year direct term introduces a high bipartisan consensus bar; majority confirmations below that threshold convert to voter-contested retention.
  • Practical effects on court continuity if Senate confirmation is delayed or if the Governor must convene the Senate during recess.

Compiled from official sources — confirm details with the bill’s official record.

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