Maryland § 4B - ** SUBJECT TO REFERENDUM NOVEMBER 2026 - CHAPTERS 848 AND 849 OF 2025 **

§ 4B. ** SUBJECT TO REFERENDUM NOVEMBER 2026 - CHAPTERS 848 AND 849 OF 2025 **

    ** SUBJECT TO REFERENDUM NOVEMBER 2026 – CHAPTERS 848 AND 849 OF 2025 **

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

            (i)    Investigate complaints against any justice or judge 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)    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.

§4B.    ** SUBJECT TO REFERENDUM NOVEMBER 2026 – CHAPTERS 848 AND 849 OF 2025 **

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

            (i)    Investigate complaints against any justice or judge 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.