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2002 FINAL STATELEGISLATIVE PROGRAM CORE ISSUE ISSUE: JUDICIAL DISABILITIES SUMMARY: Criticism of specific judicial statements, verdicts and sentences by members of the public has prompted some legislators to examine alternative methods of removing and disciplining judges to replace those currently in place. The Constitution of Maryland requires judges to retire when they reach 70 years of age. A judge also may be removed by a vote of two-thirds of the General Assembly with the approval of the Governor if the judge is unable to discharge his or her duties with efficiency because of physical or mental illness. The Constitution requires the Governor to remove judges "on conviction in a Court of Law, of incompetency, of willful neglect of duty, misbehavior in office, or any other crime..." Elected judges also may be suspended from office upon conviction or entering a nolo plea for a felony or a misdemeanor related to his or her public duties. The more conventional method of disciplining and removing Maryland judges is exercised by the Commission on Judicial Disabilities. The Commission was established in 1966 by constitutional amendment to investigate complaints against judges. The Commission conducts hearings and exerts substantial informal influence to modify inappropriate judicial behavior. As a means of determining whether to initiate formal proceedings against a member of the Judiciary, the Commission may undertake an investigation which may involve hearings regarding the alleged disability or misconduct. If a majority of the Commission determines that a judge should be retired, removed, censured or publicly reprimanded, a recommendation for action is sent to the Court of Appeals. The Commission also has the power to issue private reprimands. Constitutional revisions to the Commission on Judicial Disabilities were approved by the Maryland General Assembly in 1995 and the voters in 1996. As approved, the membership of the Commission was increased to eleven members (3 judges, one each from the appellate, circuit and district courts; 3 attorneys; and, five laypersons) who must be confirmed by the State Senate and reflect the racial, gender, and geographic diversity of the population of Maryland. In addition to the constitutional changes, the Maryland Court of Appeals adopted amendments to the Rules of Procedure governing the Commission in the spring of 1995. Complaints that are not frivolous on their face are investigated by paid counsel and reported on within 60 days. The Commission's proceedings also are open to the public if formal charges against a judge are filed. MSBA 2002 POSITION: The Commission on Judicial Disabilities was established in the Maryland Constitution as a judicial agency. As such, any changes to the functioning of the Commission should be done by Court Rule, not legislation. SAMPLE LEGISLATION:
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