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2002 FINAL STATELEGISLATIVE PROGRAM CONTROVERSIAL ISSUE ISSUE: CONTESTED CIRCUIT COURT ELECTIONS SUMMARY: Circuit court judges in Maryland are appointed by the Governor, but must run in a contested election within two years following the first year of service. Circuit court judges are the only judges in Maryland who must run in a contested election. Judges of the appellate courts are appointed by the Governor, confirmed by the Senate, and retained in office in elections based upon their records. District court judges are appointed by the Governor and confirmed by the Senate, but do not have to stand for an election. The 1988 General Assembly considered the issue of contested circuit court elections. The House Judiciary Committee gave a favorable report on a 12-11 vote to House Bill 502 that would have made the circuit court selection process consistent with the selection method of the other Maryland courts (appointment by Governor, confirmation by Senate, retention election for a ten-year term). The full House of Delegates approved this measure by a 86-48 vote, one vote more than the required 60%. This was the first time that the House of Delegates had approved a bill to change the circuit court selection process. The Senate Judicial Proceedings Committee, however, rejected this bill on a 6-5 vote, thereby ending the chances for passage during the 1988 session. Legislation concerning contested circuit court elections was not introduced in 1989, 1990 or 1991. A compromise proposal to eliminate contested elections for judges who have competed in the initial election following their original appointment and who had served their full term was put forward in 1992 but rejected. An attempt was made following the 2000 General Assembly session to rejuvenate interest in ending contested Circuit Court elections after the defeat of two African-American jurists in separate suburban jurisdictions during the late 1990's, but the lack of any broad-based coalition to support the effort effectively ended the campaign before it started. The primary reason for supporting an end to contested circuit court elections are: 1. Many of the best qualified candidates for the circuit court are reluctant to give up their practice and careers when they must run the risk of losing their seat in a contested election. 2. The spectacle of sitting judges accepting campaign donations from contributors, including those who have cases before them, creates an appearance of impropriety that undermines public trust in an independent judiciary. 3. The Code of Judicial Conduct prohibits a sitting judge from debating a non-judicial opponent or taking positions as to how he or she would decide certain cases. As a consequence, a key element of the contested election process - debating the issues - is removed. MSBA 2002 POSITION: Support legislation that will eliminate contested elections for circuit court judges. The present system threatens the independence, integrity and competence of the circuit court. NOTE: This issue was put "ON HOLD" by the MSBA in 1993, 1994, 1995, 1996 and 1997. Consideration of the method of selecting judges was part of the mission of the Commission on the Future of Maryland Courts, which recommended removing Circuit Court judges from the contested election process. SAMPLE LEGISLATION:
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