Maryland Commission on Judicial Disabilities Vacancies Amendment (2026)

Maryland Commission on Judicial Disabilities Vacancies Amendment
Election date November 3, 2026
Topic State judiciary oversight
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

The Maryland Commission on Judicial Disabilities Vacancies Amendment is on the ballot in Maryland as a legislatively referred constitutional amendment on November 3, 2026.

A "yes" vote supported amending the state constitution to authorize 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.

A "no" vote opposed amending the state constitution, thereby maintaining that vacancies on the state Commission on Judicial Disabilities be filled by appointment by the governor with the advice and consent of the state Senate.

Overview

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.

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.

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.

In 2024, the commission received 396 complaints.

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 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."

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.

Text of measure

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: 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 process to compel the attendance of witnesses and the production of evidence, and require persons to testify and produce evidence by granting them immunity from prosecution or from penalty or forfeiture.

(2) The Commission has the power to issue a reprimand and the power to recommend to the Supreme Court of Maryland the removal, censure or other appropriate disciplining of a justice or judge or, in an appropriate case, retirement.

(3) All proceedings, testimony, and evidence before the Commission shall be confidential and privileged, except as provided by rule of the Supreme Court of Maryland; the record and any proceeding filed with the Supreme Court of Maryland shall lose its confidential character, except as ordered by the Supreme Court of Maryland.

(4) No justice or judge shall participate as a member of the Commission in any proceedings involving that justice's or judge's own conduct, and the Governor shall appoint another justice or judge as a substitute member of the Commission for those proceedings.

(5)

(i) In the event of a member’s recusal or disqualification or the expiration of a member’s term without a replacement, the commission chair may:

1. Recall a former member to serve as a temporary substitute member; or

2. Request that the governor appoint a temporary substitute member or extend a current member’s term.

(ii) On request of the commission chair made under this paragraph, the governor may appoint a temporary substitute member for a specified period or extend a current member’s term until a replacement is appointed.

(iii) Any temporary substitute member:

1. Is subject to the same qualifications that were applicable to the member for whom the substitute is temporarily appointed; and

2. If the member is a judge or an attorney, must be a member in good standing of the Maryland Bar.

(6) The Supreme Court of Maryland shall prescribe by rule the means to implement and enforce the powers of the Commission and the practice and procedure before the Commission.

(b)

(1) Upon any recommendation of the Commission, the Supreme Court of Maryland, after a hearing and upon a finding of misconduct while in office, or of persistent failure to perform the duties of the office, or of conduct prejudicial to the proper administration of justice, may remove the justice or judge from office or may censure or otherwise discipline the justice or judge, or the Supreme Court of Maryland, after hearing and upon a finding of disability which is or is likely to become permanent and which seriously interferes with the performance of the justice’s or judge’s duties, may retire the justice or judge from office.

(2) A justice or judge removed under this section, and the justice’s or judge’s surviving spouse, shall have the rights and privileges accruing from the justice’s or judge’s judicial service only to the extent prescribed by the order of removal.

(3) A justice or judge retired under this section shall have the rights and privileges prescribed by law for other retired justices or judges.

(4) No justice of the Supreme Court of Maryland shall sit in judgment in any hearing involving that justice’s own conduct.

(c) This section is alternative to, and cumulative with, the methods of retirement and removal provided in Sections 3 and 4 of this Article, and in Section 26 of Article III of this Constitution.

Full text

The full text can be read here.

Support

Ballotpedia has not located a campaign in support of the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.

Supporters

Officials

• Judge Anne Korbel Albright (Nonpartisan)

Organizations

• Maryland State Bar Association

Arguments

• Shaoli Sarkar, advocacy director of the Maryland State Bar Association: "HB 788 would allow the Commission 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."

Opposition

Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Maryland ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through September 30, 2025. The deadline for the next scheduled reports is January 21, 2026.

Ballotpedia has not identified any committees in support of or opposition to the amendment.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Maryland Commission on Judicial Disabilities

The Maryland 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. Sanctionable conduct is defined as "misconduct while in office, the persistent failure by a judge to perform the duties of the judge's office, or conduct prejudicial to the proper administration of justice" or a violation of any of the provisions of the Maryland Code of Judicial Conduct promulgated by Title 18, Chapter 100.

The commission comprises 11 members: three state judges (one each from the court of appeals, the circuit court, and the district court), three lawyers, and five members of the public. All members are appointed by the governor and approved by the Maryland State Senate. Terms are four years with a maximum length of 10 years.

The quorum requirement for the commission 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.

Members of the commission must recuse themselves from discussions or proceedings under any of the following conditions:

• the member is a complainant;
• the member's disability, impairment, or conduct is in issue;
• the member's impartiality is reasonably questioned;
• the member has personal knowlege of disputed facts in the proceedings; or
• the member's recusal would otherwise be required under the Maryland Code of Judicial Conduct.

Members become disqualified from serving on the commission under the following conditions:

• the member who is appointed as a judge on the commission is no longer serving as a judge;
• the member who is appointed as one practicing law becomes a judge;
• the member who represents the public becomes a judge or is admitted to practice law or has a financial relationship with a judge or a lawyer; or
• the member is no longer a resident of the state.

In 2024, the commission received 396 complaints, an 18% increase from 2023 and a 34% increase from 2022.

Courts in Maryland

In Maryland, there is one federal district court, two appellate courts (one of which serves as the state supreme court), and two trial courts with both general and limited jurisdiction.

The image below depicts the flow of cases through Maryland's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Maryland's state court system.

Path to the ballot

See also: Amending the Maryland Constitution

Amending the Maryland Constitution

See also: Amending the Maryland Constitution

A 60% vote is required during one legislative session for the Maryland State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 85 votes in the Maryland House of Delegates and 29 votes in the Maryland State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

House Bill 788 (2025)

The following is the timeline of the constitutional amendment in the state legislature:

• January 29, 2025: House Bill 788 (HB 788) was introduced.
• March 12, 2025: The House Judiciary Committee submitted a favorable report with amendments.
• March 13, 2025: The Maryland House of Representatives passed the bill by a vote of 139-0.
• March 17, 2025: HB 788 was introduced in the Senate and referred to the Senate Judicial Proceedings Committee where it received a favorable report.
• April 2, 2025: The state Senate passed HB 788 by a vote of 46-0 with one absent.

Partisan Direction Index = 0.0 (Bipartisan)

Democratic Support

100.0%

Republican Support

100.0%

How does this vote compare to other legislative ballot measures in 2026?
Learn more about the ballot measures PDI →

 Maryland House of Representatives

Voted on March 13, 2025

Votes Required to Pass: 85
	Yes	No	NV
Total	139	0	2
Total %	98.6	0.0	1.4
Democratic (D)	101	0	1
Republican (R)	38	0	1

Maryland State Senate

Voted on April 2, 2025

Votes Required to Pass: 29
	Yes	No	NV
Total	46	0	1
Total %	97.9	0.0	2.1
Democratic (D)	34	0	0
Republican (R)	12	0	1

How to cast a vote

See also: Voting in Maryland

See below to learn more about current voter registration rules, identification requirements, and poll times in Maryland.

How to vote in Maryland

Poll times

In Maryland, all polling places are open from 7:00 a.m. to 8:00 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

According to the Maryland State Board of Elections, to register to vote in Maryland, one must be a United States citizen and Maryland resident who is at least 16 years old. Although a 16-year-old can register to vote, he or she cannot vote in an election unless he or she will be 18 at the time of the next general election (i.e., 17-year-olds are permitted to vote in primary elections, so long as they'll be 18 by the time of the corresponding general election).

Maryland allows same-day voter registration during the early voting period and on Election Day.

Voters may register online, by mail, or in person at one of the following locations:

• Local board of elections
• The State Board of Elections
• Local Department of Health office
• Maryland Department of Human Services local offices
• Maryland Motor Vehicle Administration (MVA) offices
• Local Area Agency on Aging offices
• MTA Paratransit Certification Office
• All public institutions of higher education
• Recruitment offices of the U.S. Armed Forces
• Marriage license offices
• Offices for students with disabilities at all Maryland colleges and universities

Automatic registration

Maryland automatically registers eligible individuals to vote through the Motor Vehicle Administration.

Online registration

See also: Online voter registration

Maryland has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Maryland allows same-day voter registration.

Residency requirements

Maryland law requires 21 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Mayland does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

Several local jurisdictions in Maryland permit noncitizens to vote in at least some local elections. These jurisdictions maintain separate voter registration systems for noncitizen voters. See here for more information.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The voter lookup page, run by the Maryland Board of Elections, allows residents to check their voter registration status online.

Voter ID requirements

Maryland does not require voters to present identification while voting, in most cases.

A voter will be asked to show ID in the following circumstances:

• The voter registered by mail and did not provide proper identification;
• The voter’s identity is challenged; or
• The voter registers to vote during early voting or changes his or her address during early voting.

The following list of accepted ID was current as of October 2024. Click here for the Maryland Attorney General's voting information page to ensure you have the most current information.

“

A Maryland Driver's License or other Motor Vehicle Administration (MVA) issued identification A student ID card that contains a photo An employee ID card that contains a photo A passport or other government issued ID, OR, if you do not have those forms of ID: a utility bill, bank statement, government check or paycheck that shows your name and address and is less than 3 months old. If you are showing ID because you are voting for the first time, your name and address on the document must match the information on the voter registration roll.

”

See also

2026 measures

• 2026 ballot measures
• State judiciary oversight on the ballot

Maryland

• Maryland ballot measures
• Maryland ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• HB 788

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