On Thursday, February 20, 2025, Source of the Spring reported that Maryland legislators are currently debating two significant bills regarding the election process for circuit court judges. These proposals aim to reshape how judges are selected in the state, reflecting a long-standing discussion within the Maryland General Assembly about the merits of contested judicial elections.

One proposed bill seeks to enhance the existing election system by allowing all Maryland voters to participate in the primaries for circuit court judges. In contrast, the other bill aims to eliminate contested elections for circuit court judges entirely, which would necessitate a constitutional amendment. Both proposals illustrate the diverging views among lawmakers on the best way to approach judicial elections in Maryland.

Supporters of the bill to abolish contested elections argue that such a change would protect judges from the ethical dilemmas and practical challenges associated with competitive political campaigns. Maryland Supreme Court Chief Justice Matthew J. Fader expressed that the role of a judge should be apolitical and that removing the election aspect could help uphold public trust in the judiciary. He emphasized that judges currently face the risk of campaigning, which can compromise their independence and integrity.

Conversely, proponents of maintaining contested elections argue that these elections provide a vital mechanism for voters to influence their judicial system. They contend that rather than eliminating contested elections, Maryland should address the existing flaws in the process. Circuit court judges in Maryland are unique in that they are the only judges required to run in contested elections, while all other judges are appointed by the governor and confirmed through retention elections every ten years.

The debate has resurfaced among lawmakers as they consider new proposals following the release of a report from a work group formed by the Maryland Judicial Conference. This report advocated for moving away from contested circuit court elections, suggesting that the current system allows unqualified candidates to challenge sitting judges. Prince George’s County Circuit Court Judge Cheri Simpkins highlighted concerns that individuals with minimal judicial experience can compete against qualified judges, raising questions about the competency of those on the bench.

The Maryland State Bar Association President, Raphael Santini, supported this view by citing the case of former circuit court judge April Ademiluyi, who faced removal from the bench due to serious ethical violations after winning her seat in a contested election. Santini pointed out that appointed judges undergo a rigorous vetting process, ensuring that only qualified individuals assume judicial roles.

Supporters of the proposed changes also noted that voter engagement in circuit court elections tends to be low compared to other races, partly due to the challenges judges face in campaigning. Attorney Kelly Hughes Iverson mentioned that fundraising efforts for campaigns can create ethical dilemmas, as judges may receive contributions from attorneys and litigants who appear before them, potentially undermining public confidence in an impartial judiciary.

Despite these concerns, not all judges agree with the proposed elimination of contested elections. Carroll County Circuit Court Judge Maria Oesterreicher argued that while the current system has its imperfections, it offers voters a rare opportunity to influence judicial appointments. She suggested that improving candidate vetting processes could be a more appropriate solution than removing elections altogether.

Critics of the appointment process assert that it often favors well-connected attorneys, potentially sidelining equally qualified candidates. They argue that the current system can be influenced by personal relationships and politics, raising concerns about the overall fairness and transparency of judicial selections.

Del. Robin Grammer Jr., a Republican from Baltimore County, criticized the bill to end contested elections, expressing that it primarily serves the interests of judges rather than the public. He emphasized the importance of elections in maintaining accountability and questioned the rarity of judges losing retention elections, suggesting that the current system does not pose significant risks to judicial independence.

A compromise version of the bill is under consideration in the Maryland Senate, which would allow for some contested elections under specific circumstances and require candidates to undergo a review of their qualifications.

Additionally, lawmakers are also considering an alternative approach to enhance voter participation in circuit court elections. Del. Chao Wu, a Democrat representing Howard and Montgomery County, has introduced a bill to replace Maryland’s closed partisan primaries for circuit court elections with open, nonpartisan primaries. This change aims to include unaffiliated voters, who constitute a significant portion of the electorate, in the critical judicial selection process.

As discussions continue, lawmakers have yet to decide on the fate of either bill. If the proposal to abolish contested elections is approved, the measure will be presented to Maryland voters on the ballot in November 2026.

 

 

Source: Source of the Spring