Maryland Question 1, Renaming of the Courts of Appeals and Special Appeals Amendment (2022)

Maryland Question 1
Election date November 8, 2022
Topic State judiciary
Status a Approved
Type Constitutional amendment	Origin State legislature

Maryland Question 1, the Renaming of the Courts of Appeals and Special Appeals Amendment, was on the ballot in Maryland as a legislatively referred constitutional amendment on November 8, 2022. The ballot measure was approved.

A "yes" vote supported renaming the Maryland Court of Appeals to the Supreme Court of Maryland and the Maryland Court of Special Appeals to the Appellate Court of Maryland.

A "no" vote opposed renaming the Maryland Court of Appeals to the Supreme Court of Maryland and the Maryland Court of Special Appeals to the Appellate Court of Maryland.

Election results

Maryland Question 1
Result		Votes	Percentage
Yes		1,340,952	74.99%
No		447,252	25.01%

Results are officially certified.

Source

Overview

What did Question 1 change about the Courts of Appeals and Special Appeals?

See also: Text of measure

Question 1 renamed the Maryland Court of Appeals to the Supreme Court of Maryland and the Maryland Court of Special Appeals to the Appellate Court of Maryland. It changed the name of a Judge of the Court of Appeals to be a Justice of the Supreme Court of Maryland and the name of the Chief Judge of the Court of Appeals to be the Chief Justice of the Supreme Court of Maryland. It also changed the gendered language to gender-neutral in the articles of the Maryland Constitution that would be amended.

Before the election, Maryland and New York were the only states that do not refer to their state's top court as the supreme court.

How did Question 1 get on the ballot?

See also: Path to the ballot

The sponsor of the House version of the amendment was Delegate Ron Watson (D), and the sponsor of the Senate version of the amendment was Senator Douglas Peters (D). To put a legislatively referred constitutional amendment before voters, a 60% vote is required in both the Maryland State Senate and the Maryland House of Representatives.

This amendment was introduced as House Bill 885 (HB 885) on January 29, 2021, by Delegate Ron Watson (D). It was cross-filed with Senate Bill 666. HB 885 was approved in the state House in a vote of 125-10 with six absent or not voting on March 21, 2021. On April 6, 2021, the Maryland State Senate approved the amendment with a vote of 40-7.

Chief Judge of the Court of Appeals Mary Ellen Barbera: "There is confusion from beyond the borders of our state as lawyers, law students and litigants research, contact and even file papers with the wrong court. That same confusion persists among Marylanders."

Text of measure

Ballot title

The ballot title for Question 1 was as follows:

“

Changes the names of Maryland's appellate courts from the Court of Appeals to the Supreme Court of Maryland and from the Court of Special Appeals to the Appellate Court of Maryland. Under the new law, judges serving on the Court of Appeals will be justices of the Supreme Court of Maryland and the Chief Judge of the Court of Appeals will be the Chief Justice of the Supreme Court of Maryland. (Amending Article Il, Section 6, Article II1, Sections 5, 30 and 52, Article IV, Sections 1, 3, 3A, 4B, 5A, 10, 14, 15, 16, 17, 18, 22, and 41E, Article V, Section 6, and Article XVII, Section 3 to the Maryland Constitution) [ ] For the Constitutional Amendment [ ] Against the Constitutional Amendment

”

Constitutional changes

See also: Articles II, III, IV, V, and XVII

The measure amended Articles II, III, IV, V, and XVII of the Maryland Constitution. The following underlined text was added, and struck-through text was deleted: Note: Hover over the text and scroll to see the full text.

Article II Text of Section 6:

(a) If the Governor-elect is disqualified, resigns, or dies, the Lieutenant Governor-elect shall become Governor for the full term. If the Governor-elect fails to assume office for any other reason, the newly elected Lieutenant Governor shall become Lieutenant Governor and shall serve as acting Governor until the Governor-elect assumes office or until the office becomes vacant.

(b) The Lieutenant Governor shall serve as acting Governor when notified in writing by the Governor that the Governor will be temporarily unable to perform the duties of his the Governor's office. The Lieutenant Governor also shall serve as acting Governor when the Governor is disabled but is unable to communicate to the Lieutenant Governor the fact of his the Governor's inability to perform the duties of his the Governor's office. In either event the Lieutenant Governor shall serve as acting Governor until notified in writing by the Governor that he is able to resume the duties of his the Governor's office or until the office becomes vacant.

(c) The General Assembly, by the affirmative vote of three-fifths of all its members in joint session, may adopt a resolution declaring that the Governor or Lieutenant Governor is unable by reason of physical or mental disability to perform the duties of histhe office. When action is undertaken pursuant to this subsection of the Constitution, the officer who concludes that the other officer is unable, by reason of disability to perform the duties of histhe office shall have the power to call the General Assembly into Joint Session. The resolution, if adopted, shall be delivered to the Court of AppealsSupreme Court of Maryland, which then shall have exclusive jurisdiction to determine whether that officer is unable by reason of the disability to perform the duties of histhe office. If the Court of AppealsSupreme Court of Maryland determines that such officer is unable to discharge the duties of histhe office by reason of a permanent disability, the office shall be vacant. If the Court of AppealsSupreme Court of Maryland determines that such officer is unable to discharge the duties of histhe office by reason of a temporary disability, it shall declare the office to be vacant during the time of the disability and the Court shall have continuing jurisdiction to determine when the disability has terminated. If the General Assembly and the Court of AppealsSupreme Court of Maryland, acting in the same manner as described above, determine that the Governor-elect or Lieutenant Governor-elect is unable by reason of physical or mental disability to perform the duties of the electedoffice to which he has been elected, hethe elected officer shall be disqualified to assume office.

(d) When a vacancy occurs in the office of Governor, the Lieutenant Governor shall succeed to that office for the remainder of the term. When a vacancy occurs in the office of Lieutenant Governor, the Governor shall nominate a person who shall succeed to that office upon confirmation by the affirmative vote of a majority of all members of the General Assembly in joint session.

(e) If vacancies in the offices of Governor and Lieutenant Governor exist at the same time, the General Assembly shall convene forthwith, and the office of Governor shall be filled for the remainder of the term by the affirmative vote of a majority of all members of the General Assembly in joint session. The person so chosen as Governor by the General Assembly shall then nominate a person to succeed to the office of Lieutenant Governor, upon confirmation by the affirmative vote of a majority of all members of the General Assembly in the same joint session. The President of the Senate shall serve as acting Governor until the newly elected Governor has qualified. If a vacancy exists in the office of Lieutenant Governor, at a time when the Lieutenant Governor is authorized to serve as acting Governor, the President of the Senate shall serve as acting Governor. If there is a vacancy in the office of the President of the Senate at a time when hethe President is authorized to serve as acting Governor, the Senate shall forthwith convene and fill the vacancy.

(f) When the Lieutenant Governor or a person elected by the General Assembly succeeds to the office of Governor, hethe person who succeeds to the office shall have the title, powers, duties, and emoluments of that office; but when the Lieutenant Governor or the President of the Senate serves as acting Governor, hethe acting Governor shall have only the powers and duties of that office. When the President of the Senate serves as acting Governor, hethe President shall continue to be President of the Senate, but histhe President's duties as president shall be performed by such other person as the Senate shall select.

(g) The Court of AppealsSupreme Court of Maryland shall have original and exclusive jurisdiction to adjudicate disputes or questions arising from the failure of the Governor-elect to take office, or the service of the Lieutenant Governor or President of the Senate as acting Governor, or the creation of a vacancy in the office of Governor or Lieutenant Governor by reason of disability, or the succession to the office of Governor or Lieutenant Governor, or the exercise of the powers and duties of a successor to the office of Governor.

Article III Text of Section 5: Following each decennial census of the United States and after public hearings, the Governor shall prepare a plan setting forth the boundaries of the legislative districts for electing of the members of the Senate and the House of Delegates.

The Governor shall present the plan to the President of the Senate and Speaker of the House of Delegates who shall introduce the Governor's plan as a joint resolution to the General Assembly, not later than the first day of its regular session in the second year following every census, and the Governor may call a special session for the presentation of histhe plan prior to the regular session. The plan shall conform to Sections 2, 3 and 4 of this Article. Following each decennial census the General Assembly may by joint resolution adopt a plan setting forth the boundaries of the legislative districts for the election of members of the Senate and the House of Delegates, which plan shall conform to Sections 2, 3 and 4 of this Article. If a plan has been adopted by the General Assembly by the 45th day after the opening of the regular session of the General Assembly in the second year following every census, the plan adopted by the General Assembly shall become law. If no plan has been adopted by the General Assembly for these purposes by the 45th day after the opening of the regular session of the General Assembly in the second year following every census, the Governor's plan presented to the General Assembly shall become law.

Upon petition of any registered voter, the Court of AppealsSupreme Court of Maryland shall have original jurisdiction to review the legislative districting of the State and may grant appropriate relief, if it finds that the districting of the State is not consistent with requirements of either the Constitution of the United States of America, or the Constitution of Maryland.

Text of Section 30: Every bill, when passed by the General Assembly, and sealed with the Great Seal, shall be presented by the presiding officer of the House in which it originated to the Governor for histhe Governor's approval. All bills passed during a regular or special session shall be presented to the Governor for histhe Governor's approval no later than 20 days after adjournment. Within 30 days after presentment, if the Governor approves the bill, hethe Governor shall sign the same in the presence of the presiding officers and Chief Clerks of the Senate and House of Delegates. Every Law shall be recorded in the office of the Court of AppealsSupreme Court of Maryland, and in due time, be printed, published and certified under the Great Seal, to the several Courts, in the same manner as has been heretofore usual in this State.

Text of Section 52: ... (5) The Governor shall deliver to the presiding officer of each House the Budget and a bill for all the proposed appropriations of the Budget classified and in such form and detail as hethe Governor shall determine or as may be prescribed by law; and the presiding officer of each House shall promptly cause said bill to be introduced therein, and such bill shall be known as the "Budget Bill." The Governor may, with the consent of the General Assembly, before final action thereon by the General Assembly, amend or supplement said Budget to correct an oversight, provide funds contingent on passage of pending legislation or, in case of an emergency, by delivering such an amendment or supplement to the presiding officers of both Houses; and such amendment or supplement shall thereby become a part of said Budget Bill as an addition to the items of said bill or as a modification of or a substitute for any item of said bill such amendment or supplement may affect. ... (10) If the Budget Bill shall not have been finally acted upon by the Legislature seven days before the expiration of the regular session, the Governor shall issue a proclamation extending the session for some further period as may, in histhe Governor's judgment, be necessary for the passage of such bill; but no other matter than such bill shall be considered during such extended session except a provision for the cost thereof.

(11) For the purpose of making up the Budget, the Governor shall require from the proper State officials (including all executive departments, all executive and administrative offices, bureaus, boards, commissions and agencies that expend or supervise the expenditure of, and all institutions applying for State moneys and appropriations) such itemized estimates and other information, in such form and at such times as directed by the Governor. An estimate for a program required to be funded by a law which will be in effect during the fiscal year covered by the Budget and which was enacted before July 1 of the fiscal year prior to that date shall provide a level of funding not less than that prescribed in the law. The estimates for the Legislative Department, certified by the presiding officer of each House, of the Judiciary, as provided by law, certified by the Chief JudgeChief Justice of the Court of AppealsSupreme Court of Maryland, and for the public schools, as provided by law, shall be transmitted to the Governor, in such form and at such times as directed by the Governor, and shall be included in the Budget without revision.

(12) The Governor may provide for public hearings on all estimates and may require the attendance at such hearings of representatives of all agencies, and for all institutions applying for State moneys. After such public hearings hethe Governor may, in histhe Governor's discretion, revise all estimates except those for the legislative and judiciary departments, and for the public schools, as provided by law, and except that hethe Governor may not reduce an estimate for a program below a level of funding prescribed by a law which will be in effect during the fiscal year covered by the Budget, and which was enacted before July 1 of the fiscal year prior thereto.

(13) The General Assembly may, from time to time, enact such laws not inconsistent with this section, as may be necessary and proper to carry out its provisions.

(14) In the event of any inconsistency between any of the provisions of this Section and any of the other provisions of the Constitution, the provisions of this Section shall prevail. But nothing herein shall in any manner affect the provisions of Section 34 of Article 3 of the Constitution or of any laws heretofore or hereafter passed in pursuance thereof, or be construed as preventing the Governor from calling extraordinary sessions of the General Assembly, as provided by Section 16 of Article 2, or as preventing the General Assembly at such ertraordinaryextraordinary sessions from considering any emergency appropriation or appropriations.

Article IV Text of Section 1: The Judicial power of this State is vested in a Court of AppealsSupreme Court of Maryland, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, and a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it.

Text of Section 3: Except for Judges of the District Court, the Judges of the several Courts other than the Court of AppealsSupreme Court of Maryland or any intermediate courts of appeal shall, subject to the provisions of Section 5 of this Article of the Constitution, be elected in Baltimore City and in each county, by the qualified voters of the city and of each county, respectively, all of the said Judges to be elected at the general election to be held on the Tuesday after the first Monday in November, as now provided for in the Constitution. Each of the said Judges shall hold histhe office for the term of fifteen years from the time of histhe election, and until histhe Judge's successor is elected and qualified, or until hethe Judge shall have attained the age of seventy years, whichever may first happen, and be re-eligible thereto until hethe Judge shall have attained the age of seventy years, and not after. In case of the inability of any of said Judges to discharge histhe Judge's duties with efficiency, by reason of continued sickness, or of physical or mental infirmity, it shall be in the power of the General Assembly, two-thirds of the members of each House concurring, with the approval of the Governor to retire said Judge from office.

3A. (a) (1) Except as provided in paragraph (2) of this subsection, any former judge, except a former judge of the Orphans’ Court, may be assigned by the Chief Judge Chief Justice of the Court of Appeals Supreme Court of Maryland, upon approval of a majority of the court, to sit temporarily in any court of this State, except an Orphans’ Court, as provided by law.

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

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

(b) The provisions of this section apply, notwithstanding provisions appearing elsewhere in this Article pertaining to retirement of judges upon attaining age 70.

4B. (a) (1) The Commission on Judicial Disabilities has the power to:

(i) Investigate complaints against any justice or judge of the Court of Appeals 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 theCourt of Appeals 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 Court of Appeals Supreme Court of Maryland; the record and any proceeding filed with the Court of Appeals Supreme Court of Maryland shall lose its confidential character, except as ordered by the Court of Appeals 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) The Court of Appeals 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 Court of Appeals 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 Court of Appeals 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 justice or judges.

(4) No judge justice of the Court of Appeals Supreme Court of Maryland shall sit in judgment in any hearing involving that judge's 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.

5A. (a) A vacancy in the office of a justice or judge of an appellate court, whether occasioned by the death, resignation, removal, retirement, disqualification by reason of age, or rejection by the voters of an incumbent, the creation of the office of a justice or judge, or otherwise, shall be filled as provided in this section.

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

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

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

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

(f) An appellate court justice or judge shall retire when he the justice or judge attains his the justice's or judge's seventieth birthday.

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

10. (a) (1) The Clerks of the Courts shall have charge and custody of records and other papers and shall perform all the duties which appertain to their offices, as are regulated by Law.

(2) The office and business of the Clerks, in all their departments, shall be subject to and governed in accordance with rules adopted by the Court of Appeals Supreme Court of Maryland pursuant to Section 18 of this article.

(b) The offices of the Clerks shall be funded through the State budget. All fees, commissions, or other revenues established by Law for these offices shall be State revenues, unless provided otherwise by the General Assembly.

14. The Court of Appeals Supreme Court of Maryland shall be composed of seven judges justices, one from the First Appellate Judicial Circuit consisting of Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester Counties; one from the Second Appellate Judicial Circuit consisting of Baltimore and Harford Counties; one from the Third Appellate Judicial Circuit, consisting of Allegany, Carroll, Frederick, Garrett, Howard, and Washington Counties; one from the Fourth Appellate Judicial Circuit, consisting of Prince George’s County; one from the Fifth Appellate Judicial Circuit, consisting of Anne Arundel, Calvert, Charles, and St. Mary’s Counties; one from the Sixth Appellate Judicial Circuit, consisting of Baltimore City; and one from the Seventh Appellate Judicial Circuit, consisting of Montgomery County. The Judges Justicesof the Court of Appeals Supreme Court of Maryland shall be residents of their respective Appellate Judicial Circuits. The term of each Judge justiceof the Court of Appeals Supreme Court of Maryland shall begin on the date of his the justice's qualification. One of the Judges justicesof the Court of Appeals Supreme Court of Maryland shall be designated by the Governor as the Chief Judge chief justice. The jurisdiction of the Court of Appeals Supreme Court of Maryland shall be co–extensive with the limits of the State and such as now is or may hereafter be prescribed by law. It shall hold its sessions in the City of Annapolis at such time or times as it shall from time to time by rule prescribe. Its session or sessions shall continue not less than ten months in each year, if the business before it shall so require, and it shall be competent for the judges justicestemporarily to transfer their sittings elsewhere upon sufficient cause. The salary of each Judge justiceof the Court of Appeals Supreme Court of Maryland shall be that now or hereafter prescribed by the General Assembly and shall not be diminished during his the justice's continuance in office. Five of the judges justices shall constitute a quorum, and five judges justices shall sit in each case unless the Court Supreme Court of Maryland shall direct that an additional judge or judges justice or justices sit for any case. The concurrence of a majority of those sitting shall be sufficient for the decision of any cause, and an equal division of those sitting in a case has the effect of affirming the decision appealed from if there is no application for reargument as hereinafter provided. In any case where there is an equal division or a three to two division of the Court Supreme Court of Maryland a reargument before the full Court of seven judges justices shall be granted to the losing party upon application as a matter of right.

15. Any judge justiceof the Court of Appeals Supreme Court of Maryland or of an intermediate court of appeal who heard the cause below either as a trial judge or as a judge of any intermediate court of appeal as the case may be shall not participate in the decision. In every case an opinion, in writing, shall be filed within three months after the argument, or submission of the cause; and the judgment of the Court of Appeals Supreme Court of Maryland shall be final and conclusive.

16. Provision shall be made by Law for publishing Reports of all causes, argued and determined in the Court of Appeals Supreme Court of Maryland and in the intermediate courts of appeal, which the justices or judges thereof, respectively, shall designate as proper for publication.

17. There shall be a Clerk of the Court of Appeals Supreme Court of Maryland, who shall be appointed by and shall hold his theoffice at the pleasure of said Court of Appeals Supreme Court of Maryland.

18. (a) The Court of Appeals Supreme Court of Maryland from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and in the other courts of this State, which shall have the force of law until rescinded, changed or modified by the Court of Appeals Supreme Court of Maryland or otherwise by law. The power of courts other than the Court of Appeals Supreme Court of Maryland to make rules of practice and procedure, or administrative rules, shall be subject to the rules and regulations adopted by the Court of Appeals Supreme Court of Maryland or otherwise by law.

(b) (1) The Chief Judge Chief Justice of the Court of Appeals Supreme Court of Maryland shall be the administrative head of the Judicial system of the State. The Chief Judge chief justice of the Court of Appeals Supreme Court of Maryland shall from time to time require, from each of the judges of the Circuit Courts, of the District Court and of any intermediate courts of appeal, reports as to the judicial work and business of each of the judges and their respective courts.

(2) Subject to paragraphs (3) and (4) of this subsection, the Chief Judge Chief Justice of the Court of Appeals Supreme Court of Maryland may, in case of a vacancy, or of the illness, disqualification or other absence of a justice or judge or for the purpose of relieving an accumulation of business in any court assign any justice or judge except a judge of the Orphans’ Court to sit temporarily in any court except an Orphans’ Court.

(3) A retired judge of the Circuit Court for Montgomery County that sits as the Orphans’ Court for Montgomery County may be assigned by the Chief Judge Chief Justice of the Court of Appeals Supreme Court of Maryland, upon approval of a majority of the Court of Appeals Supreme Court of Maryland, to do an act that a judge of the Orphans’ Court for Montgomery County is authorized to perform.

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

(5) Any justice or judge assigned by the Chief Judge Chief Justice of the Court of Appeals Supreme Court of Maryland pursuant to this section has all the power and authority pertaining to a justice or judge of the court to which the justice or judge is so assigned; and the justice's or judge’s power and authority shall continue with respect to all cases (including any motion, or other matters incidental thereto) which may come before the justice or judge by virtue of such assignment until the justice's or judge’s action thereon shall be completed. In the absence of the Chief Judge Chief Justice of the Court of Appeals Supreme Court of Maryland, the provisions of this section shall be applicable to the senior judge JUSTICE present in the Court of Appeals Supreme Court of Maryland. The powers of the Chief Judge Chief Justice set forth in this section shall be subject to any rule or regulation adopted by the Court of Appeals Supreme Court of Maryland.

22. Where any trial is conducted by less than three Circuit Judges, upon the decision or determination of any point, or question, by the Court, it shall be competent to the party, against whom the ruling or decision is made, upon motion, to have the point, or question reserved for the consideration of three Judges of the Circuit, who shall constitute a court in banc for such purpose; and the motion for such reservation shall be entered of record, during the sitting at which such decision may be made; and the procedure for appeals to the Circuit Court in banc shall be as provided by the Maryland Rules. The decision of the said Court in banc shall be the effective decision in the premises, and conclusive, as against the party at whose motion said points, or questions were reserved; but such decision in banc shall not preclude the right of Appeal by an adverse party who did not seek in banc review, in those cases, civil or criminal, in which appeal to the Court of Special Appeals Appellate Court of Maryland may be allowed by Law. The right of having questions reserved shall not, however, apply to trials of Appeals from judgments of the District Court, nor to criminal cases below the grade of felony, except when the punishment is confinement in the Penitentiary; and this Section shall be subject to such provisions as may hereafter be made by Law.

41E. The Chief Judge Chief Justice of the Court of Appeals Supreme Court of Maryland shall designate one judge of the District Court as Chief Judge of that Court, to serve as Chief Judge at his the Chief Justice of the Supreme Court of Maryland's pleasure. The Chief Judge of the District Court may assign administrative duties to other judges of the District Court and shall perform such other duties in the administration of the District Court as may be prescribed by rule or by law.

Article V – Attorney–General and State’s Attorneys 6. It shall be the duty of the Clerk of the Court of Appeals Supreme Court of Maryland and the Clerks of any intermediate courts of appeal, respectively, whenever a case shall be brought into said Courts, in which the State is a party or has interest, immediately to notify the Attorney General thereof.

Article XVII – Quadrennial Elections 3. All State and county officers elected by qualified voters (except judges of the Circuit Courts, judges of the Supreme Bench of Baltimore City, judges of the Court of Appeals justice of the Supreme Court of Maryland and judges of any intermediate courts of appeal) shall hold office for terms of four years, and until their successors shall qualify.

Full text

The full text of the measure can be read here.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 15, and the FRE is 43. The word count for the ballot title is 98.

Support

The sponsor of the House version of Question 1 was Delegate Ron Watson (D), and the sponsor of the Senate version of the amendment was Senator Douglas Peters (D).

Arguments

• Mary Ellen Barbera, Chief Judge of the Court of Appeals: "There is confusion from beyond the borders of our state as lawyers, law students and litigants research, contact and even file papers with the wrong court. That same confusion persists among Marylanders."

Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Maryland ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Campaign finance reporting dates in 2022 in Maryland are as follows:

MD 2022 campaign finance reporting dates
Filing dates	Report name	Covered period
01/19/2022	2022 Annual Report	Transactions after the last transaction on the previous report-01/12/2022
04/19/2022	Spring Report (new committees that did not file 2022 annual report)	First transaction-4/12/2022
05/24/2022	Pre-Primary Report 1	01/13/2022-05/17/2022
06/17/2022	Pre-Primary Report 2	05/18/2022-06/12/2022
08/30/2022	Pre-General Report 1	06/13/2022-08/23/2022
10/14/2022	Ballot Issue Report	08/24/2022-10/09/2022
10/28/2022	Pre-General Report 2	08/24/2022-10/23/2022
11/22/2022	Post-General Report	10/24/2022-11/15/2022
01/18/2023	2023 Annual Report	11/16/2022-01/11/2023

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the measure.

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

• Baltimore Sun Editorial Board: "Question 1: For. Most states already refer to their top courts as Supreme Courts, with Maryland and New York the only outliers; the legislation proposing the amendment passed handily in the state House and Senate, and there is minimal cost associated with the shift other than updating the Annotated Code of Maryland to reflect the new language."

Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Background

Maryland Court of Appeals

Founded in 1776, the Maryland Court of Appeals is the state's court of last resort and has seven judgeships. As of 2021, the chief of the court is Mary Ellen Barbera.

Jurisdiction

The Court of Appeals has exclusive jurisdiction over death penalty appeals, cases involving legislative redistricting, issues concerning removal of elected officials and is responsible for answering broad legal questions. The court has authority to make administrative, practical and procedural rules, all of which have "the force of law." The Court of Appeals is also responsible for determining admission to the state bar and is in charge of disciplinary proceedings for ethical and legal violations by lawyers and the judiciary.

Judicial selection

See also: Judicial selection in Maryland

Judges are appointed to serve 10-year terms through the assisted appointment method with confirmation from the Maryland State Senate. The seven judges of the Maryland Court of Appeals are appointed by the governor from a list submitted by a judicial nominating commission and are subject to state Senate confirmation. After serving for at least one year, judges must stand in yes-no retention elections to determine whether they will remain on the court. Maryland has a mandatory retirement age for all judges, which is their 70th birthday.

As of August 2024, two judges on the court were appointed by a Democratic governor and five judges were appointed by a Republican governor.

The structure of Maryland's state court system.

Maryland Special Court of Appeals

The Maryland Court of Special Appeals is the intermediate appellate court in Maryland. The court was established in 1966 to assist the Maryland Court of Appeals with the appellate caseload. The court is composed of 15 judges. Unless the law states otherwise, the Court of Special Appeals considers any reviewable judgment, decree, order, or other action of the circuit and orphans' courts.

Jurisdiction

The Court of Special Appeals has exclusive initial appellate jurisdiction to review judgments and orders issued by any of the state's circuit or orphans' courts. The lone exception is cases involving the death penalty; those go straight to the Maryland Court of Appeals.

Judicial selection

Judges are appointed to serve 10-year terms by the governor of the state and must be confirmed by the Maryland Senate before taking office. At least one year after the appointment, judges must run in a retention election. If a judge is retained, he or she will serve another 10-year term. Maryland mandates that judges retire when they reach the age of 70.

Referred amendments on the ballot in Maryland

See also: History of Initiative & Referendum in Maryland and List of Maryland ballot measures

• From 1996 through 2020, 36 measures appeared on the ballot in Maryland.
• From 1996 through 2020, there was an average of about three measures on the ballot in even-numbered years.
• From 1996 through 2020, 33 of 36 measures or 92% were approved, and three of 36 measures or 8% were defeated.

Path to the ballot

See also: Amending the Maryland Constitution

To put a legislatively referred constitutional amendment before voters, a 60% vote is required in both the Maryland State Senate and the Maryland House of Representatives.

Question 1 was introduced as House Bill 885 (HB 885) on January 29, 2021, by Delegate Ron Watson (D). It was cross-filed with Senate Bill 666. HB 885 was approved in the state House in a vote of 125-10 with six absent or not voting on March 21, 2021. On April 6, 2021, the Maryland State Senate approved the amendment with a vote of 40-7.

Vote in the Maryland House of Representatives March 21, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 85  a
	Yes	No	Not voting
Total	125	10	6
Total percent	88.65%	7.09%	4.26%
Democrat	95	0	4
Republican	30	10	2

Vote in the Maryland State Senate April 6, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 29  a
	Yes	No	Not voting
Total	40	7	0
Total percent	85.1%	14.9%	0.00%
Democrat	32	0	0
Republican	8	7	0

How to cast a vote

See also: Voting in Maryland

Click "Show" to learn more about voter registration, identification requirements, and poll times in Maryland.

How to cast a 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 requirements 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. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. 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. The federal Help America Vote Act requires that individuals who register to vote by mail and who have not voted previously in a federal election in their state must provide either their driver's license or a paycheck, bank statement, current utility bill, or government document showing their name and address. Individuals voting by mail must include a copy of one of those documents with their absentee/mail-in ballot. These requirements do not apply if an individual submitted a copy of their identification, their driver's license number or the last four digits of their Social Security number when registering to vote. A voter will also be asked to show ID in these other circumstances: 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 2025. Click here for the Maryland State Board of Elections' voting information page to ensure you have the most current information. “ The voter’s driver's license number, MVA ID card number or the last four digits of the voter’s social security number, and election officals will attempt to verify this information with MVA or Social Security Administration. A copy of a current and valid photo identification (i.e., Maryland driver's license, MVA ID card, student or employee photo ID card, military ID card, passport, or any other State or federal goverment issued ID card). A copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the voter’s name and address. ”

See also

2022 measures

• 2022 ballot measures
• State judiciary 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

• Full text of HB 885