Maryland Orphan's Court Judges in Baltimore, Question 3 (2010)

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The Maryland Orphan's Court Judges in Baltimore Amendment, also known as Question 3, was on the November 2, 2010 ballot in Maryland as a legislatively referred constitutional amendment, where it was approved. The measure required judges of the Orphans' Court in Baltimore City to be members in good standing of the Maryland Bar who are admitted to practice law in Maryland.

The Orphan's Court was created in 1777, where according to reports, the name derives from London's Court for Widows and Orphans. The Orphan's Court in Baltimore, and in all Maryland counties except of two, did not require its judges to be lawyers, therefore judges did not have to be member of the bar. The amendment required that judges in the court be members of the bar.

Aftermath

During the general election, Maryland voters elected Ramona Moore Baker for the position of judge in the Orphans' Court. Ramona Moore Baker is not a lawyer, according to reports, and the Maryland Attorney General's office issued an opinion stating that the amendment should prevent Baker from taking that office. Baker stated on November 3 that she will sue on the grounds that the measure is unclear. She stated that the proposal did not define "Orphans' Court" on the ballot. She argued that voters believed that the court only deals with children who have lost their parents, and not with estate and probate problems.

According to Baker, "You don’t win and lose. You either win or lose. There’s no loss here.”

Election results

See also: 2010 ballot measure election results

Official results of the measure follow:

Maryland Question 3 (2010)
Result		Votes	Percentage
a Yes		1,350,057	83.47%
No		267,600	16.53%

Election results via Maryland State Board of Elections

Text of measure

Ballot language

The ballot language that voters saw on their ballot read:

“

Requires judges of the Orphans’ Court in Baltimore City to be members in good standing of the Maryland Bar who are admitted to practice law in Maryland. (Amending Article IV, Section 40 of the Maryland Constitution) Under the Maryland Constitution, the voters of each county and Baltimore City elect three judges to the Orphans’ Court of their respective jurisdictions, with the exception of Montgomery and Harford counties, where circuit court judges sit as the Orphans’ Court. The judges must be citizens of the State and residents, for the preceding 12 months, in the city or county in which they are elected. The constitutional amendment would add an additional eligibility requirement for judges of the Orphans’ Court in Baltimore City, requiring them to be members in good standing of the Maryland Bar who are admitted to practice law in Maryland. For the Constitutional Amendment Against the Constitutional Amendment

”

Summary

The summary of the measure read:

“

Proposing an amendment to the Maryland Constitution to prescribe different qualifications for judges of the Orphans' Court for Baltimore City; requiring judges of the Orphans' Court for Baltimore City to have been admitted to practice law in Maryland and be members in good standing of the Maryland Bar; and submitting this amendment to the qualified voters of the State of Maryland for their adoption or rejection.

”

Constitutional changes

The measure amended Article IV, Section 40 of the Maryland Constitution:

Note: Hover over the text and scroll to see the full text.

(A) The qualified voters of the several Counties, except Montgomery County and Harford County, shall elect three Judges of the Orphans’ Courts of Counties who shall be citizens of the State and residents, for the twelve months preceding, in the County for which they may be elected.

(B) The qualified voters of the City of Baltimore shall elect three judges of the Orphans' Court for Baltimore City who shall be citizens of the state and residents, for the twelve months preceding, in Baltimore City and who have been admitted to practice law in this state and are members in good standing of the Maryland bar.

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

(D) Each of the Judges shall be paid such compensation as may be regulated by Law, to be paid by the City or Counties, respectively.

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

Fiscal note

The following was the fiscal summary of the amendment, provided by the Maryland General Assembly:

If approved by the General Assembly, this constitutional amendment will be submitted to the voters at the 2010 general election. It should not result in additional costs for the local boards of election.

Support

There was no known supporting campaign for Question 3.

Opposition

Possible controversy

• On November 2, 2010, voters had the option to vote for Ramona Moore Baker, who was up for the position of judge in the Orphans' Court. However, she was not a lawyer, according to reports, which spelled controversy since she was successful in her bid and the amendment was passed at the same time.

Media endorsements

See also: Endorsements of Maryland ballot measures, 2010

Support

• The Baltimore Sun called for the passage of the measure, stating, "That requirement is not only appropriate, but it's about two centuries overdue. Having people serve as judges who have no legal background is roughly equivalent to staffing emergency rooms with physicians who haven't been to medical school. Sometimes, knowledge counts."

Path to the ballot

The measure was first read and introduced to the Maryland House of Delegates on January 29, 2010. The measure was then passed by the chamber with a vote of 134-5 on March 23, 2010, sending the measure to the Maryland State Senate. The measure was introduced to the Senate on March 26, 2010. The Senate then approved the measure with a vote of 45-2 on April 1, 2010, sending the measure to the general election ballot. Placing a proposed amendment on the ballot must be approved by a 60% vote of each chamber of the Maryland State Legislature. Maryland is one of nine states that allow a referred amendment to go on the ballot after this process.

See also

Suggest a link

• Maryland 2010 ballot measures
• 2010 ballot measures
• List of Maryland ballot measures
• History of Initiative & Referendum in Maryland

External links

• 2010 Maryland Ballot Measures Election Results