Maryland Question 2: Temporary members of the Commission on Judicial Disabilities

Constitutional Amendment · On every Maryland ballot · Election Day Tuesday, November 3, 2026

This page explains what the question does. It does not tell you how to vote.

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What your ballot says

Temporary Appointments on the Commission on Judicial Disabilities

Authorizing temporary substitute appointments to the Commission on Judicial Disabilities when a member is recused or disqualified, or when a member’s term expires. In these situations, the Commission Chair may recall a former member of the Commission, or the Governor, at the request of the Commission Chair, may appoint a temporary substitute member or extend the term of a current member until a permanent replacement is appointed. Only individuals who meet the constitutional eligibility requirements may be recalled or appointed to the Commission.

(Amending Article IV of the Maryland Constitution)

For the Constitutional Amendment - A vote FOR this amendment means that temporary appointments to the Commission are allowed if a member is recused, disqualified, or if a member’s term ends without a replacement. The Commission Chair can temporarily fill an opening on the Commission with a former member. The Governor can, at the request of the Commission Chair pick a temporary substitute to fill an opening on the Commission or extend the term of a current member until a replacement is appointed. Only individuals who meet the constitutional eligibility requirements may be recalled or appointed to the Commission.

Against the Constitutional Amendment - A vote AGAINST the amendment means that current membership rules for the Commission stay the same. Temporary appointments are not allowed if a member is recused, disqualified, or if a member’s term ends.

In plain terms

The Commission on Judicial Disabilities investigates complaints against Maryland judges, can reprimand a judge itself, and recommends further discipline to the Supreme Court of Maryland. It has 11 members: 3 judges, 3 lawyers and 5 members of the public, all appointed by the Governor and confirmed by the state Senate.

Sometimes a member can’t take part: they step aside from a case (recusal), they lose eligibility (for example, a public member becomes a lawyer), or their term ends with no one appointed to replace them. Question 2 gives the commission a way to fill those seats temporarily:

• The commission’s chair may bring back a former member as a temporary substitute, or
• The chair may ask the Governor to appoint a temporary substitute for a set period, or to extend a current member’s term until a replacement is appointed.

A temporary substitute must meet the same qualifications as the member being replaced, cannot be someone the Senate previously rejected for the commission, and, if a judge or lawyer, must be in good standing with the Maryland bar.

What the amendment’s text does and does not say:

• It does not require Senate confirmation for a recalled former member or a temporary substitute. (Regular members are confirmed by the Senate.)
• The chair can recall a former member without involving the Governor.
• The Governor “may” act on the chair’s request; it is not required.
• A term extension lasts “until a replacement is appointed,” with no stated time limit.
• A temporary appointment by the Governor is “for a specified period,” which the text does not define.

What a vote FOR does

The chair and the Governor gain the power to fill seats temporarily, or extend a member’s term, in the three situations above.

What a vote AGAINST does

The constitution stays as it is.

What current law already provides:

• Disqualification: when a member is disqualified, the seat becomes a vacancy that the Governor fills for the rest of the term, with Senate confirmation (Maryland Constitution, Article IV, § 4A(f)).
• A judge-member under review: the Governor must appoint another judge as a substitute for proceedings about that judge’s own conduct (Article IV, § 4B(a)(4)).
• Recusal and quorum: under a court rule (Maryland Rule 18-411), a recused member sits out, and a majority of members is a quorum as long as at least one judge, one lawyer and one public member are present. If vacancies or recusals leave a proceeding without that mix, the Supreme Court of Maryland may name a substitute for that proceeding, with the written consent of the judge being investigated.
• Expired terms: the official sources differ. The Department of Legislative Services’ fiscal note says that after a member’s term expires, the commission “may conduct business in the ordinary course with that member continuing to serve” until a replacement is appointed. The official ballot summary approved by the Attorney General says “there are no provisions in current law governing the membership of the commission when there is a vacancy at the end of an expired term, a recusal, or a disqualification.”

Who put it on the ballot

The Maryland General Assembly, in its 2026 regular session. The bill was Senate Bill 933. It passed the Senate 41–0 on March 20, 2026, and the House of Delegates 134–0 on April 10, 2026. A constitutional amendment needs three-fifths of each chamber; both votes cleared that bar. It became Chapter 878 of 2026. It replaces a nearly identical amendment passed in 2025 (Chapters 848 and 849 of 2025), which the bill withdrew; the 2026 version adds the rule that a substitute cannot be someone the Senate rejected.

Cost

The Department of Legislative Services’ fiscal note says the commission would gain “operational efficiencies” and that there is “otherwise no material impact on State finances or operations.” Local effect: none.

Sources

• Ballot text: Maryland State Board of Elections, 2026 ballot questions
• Text of the proposed amendment (State Board of Elections)
• Senate Bill 933 as enacted (Chapter 878) · bill history and votes
• Fiscal and Policy Note, SB 933 (Department of Legislative Services)
• Official summary approved by the Attorney General

Checked against these documents on October 17, 2026. Found an error? Tell us.