Selection of Judges in Maryland --- Does the Process Make Sense?

Judges in Maryland are selected or elected in different ways.

First, what are the courts? They are on 4 levels.

The highest is the Court of Appeals, with 7 members. It's the equivalent in our State of the U.S. Supreme Court.

The next highest is the Court of Special Appeals with 13 members. Both the Court of Appeals and the Court of Special Appeals have sessions in Annapolis.

Next are the Circuit Courts, which exist in each county. And then there is the District Court and the Orphans Courts, whose judges are also in each county.

How are the judges of these courts selected?

As described on the website “Judgepedia,” election of state court judges in Maryland occurs largely through the commission-selection, political appointment method with confirmation from the Maryland Senate. After serving for at least one year, judges must run in yes-no retention elections to determine whether they will continue serving.

Two courts employ different selection methods: the circuit courts, which sometimes use non-partisan elections, and the orphans' court, which uses partisan elections.

Under the Maryland Constitution, elected and retained judges' terms begin on January 1 after the general election.

The 7 justices of the Maryland Court of Appeals and the 13 justices of the Maryland Court of Special Appeals are selected in an identical manner, each serving 10-year terms. They are appointed by the governor from a list submitted by a judicial nominating commission and are subject to state senate confirmation.

After serving for one year, judges must run for retention in the next general election if they wish to continue serving.

The chief justices of the appellate courts are designated by the governor to serve indefinite terms.

Qualifications
To join either of these courts, a judge must be:
a U.S. and state citizen;
a registered state voter;
a state resident for at least 5 years;
a circuit resident for at least 6 months;
a state bar member;
at least 30 years old; and
under the age of 70 (retirement at 70 is mandatory).

Vacancies

If a vacancy on the court occurs, the same process is used to fill it. A new judge must then face retention, according to the state Constitution, "at the next general election following the expiration of one year from the date of the occurrence of the vacancy which he was appointed to fill."

Circuit Court

The 152 judges of the eight Maryland circuits are chosen by the governor with help from a nominating commission. (Unlike the appellate court judges, circuit court judges do not need to be confirmed by the senate.)

Circuit judges serve for one year, after which they must run in non-partisan elections if they wish to continue serving. If re-elected, they serve for fifteen years.

The chief judge of each circuit court is chosen by seniority. All policies on judicial qualifications and the filling of interim vacancies are the same as those of the appellate courts.

District Court

Judges of the Maryland District Courts, like those of the appellate courts, are appointed by the governor from a list of names submitted by a nominating commission. They are also subject to confirmation from the state senate.

Judges serve 10-year terms.

Orphans' Court

Judges of the Maryland Orphans' Court are selected in partisan elections (except in the counties of Harford and Montgomery, where circuit judges are assigned to serve on the orphans' court). They run for for re-election every four years.

Vacancies are filled by the governor, subject to confirmation by the state senate. The appointee serves for the remainder of the unexpired term.
[end of quote from Judgepedia]

Governors of Maryland since 1970 have established, by Executive Orders, groups known as judicial nominating commissions to help select judges, but these commissions continue to exist only by Executive Orders.

Does all this make sense? Some require Senate confirmation but others don't. Some are elected in the same type of elections as other elected officials, some are given yes-no elections, and some don't face any elections. Some have 10 year terms and some have 15 years.

What do voters know about each Maryland Judge when they are asked to vote? Even if they have the time and inclination, how can they find out what they should know to make those decisions?

Some groups research judges' backgrounds and it is possible for voters to find out where judges went to school and what positions they have held. Does that give the average voter, or even the most studious voter, enough information to make an intelligent decision about whether to vote for or against any judge?

If voters cannot reasonably be expected to obtain information to make intelligent decisions about judicial candidates, why are we selecting our judges in this manner? Are there better ways to select judges? Many states have experimented with different methods, and the federal government selects judges by appointment of the president and ratification of the senate, for lifetime appointments.

Since the present system for selection of judges in Maryland really doesn't make sense, we are lucky that good judges are almost always selected. However, that might not always be the case n the future. Shouldn't our legislators look into different and more logical ways to select our judges in Maryland?