The Maryland State Legislature voted to send a constitutional amendment to the Nov. 3, 2026, ballot that would change how vacancies are filled on the Judicial Disabilities Commission.

The amendment would allow the chair of the Commission on Judicial Disabilities to appoint former members to temporarily fill vacancies or allow the governor to appoint a substitute member or extend the term of an existing member when a vacancy occurs due to a commission member’s recusal, disqualification, or expiration of term. The amendment would also require any temporary substitute member to be subject to the same qualifications that applied to the former member. If the member is a judge or attorney, they would be required to be in good standing with the Maryland Bar.

Currently, vacancies on the state Commission on Judicial Disabilities are filled by appointment by the governor with the advice and consent of the state Senate.

The commission was established with the approval of Amendment 5 in 1966. The amendment tasked the commission with investigating complaints against any judge or justice of the Supreme Court of Maryland, Appellate Court of Maryland, Circuit Courts, District Courts, or Orphans’ Courts; issuing reprimands; and recommending to the state Supreme Court the removal, censure, or other disciplinary measures of a judge.

The commission is composed of 11 members:

• Three judges (one appellate judge, one circuit court judge, and one district court judge);
• Three lawyers admitted to the Maryland bar that have practiced for at least seven years; and
• Five public members, who are not lawyers or active or retired judges.

The term of office is four years, and members are limited to a maximum of 10 years if appointed to fill a vacancy.

In Maryland, a 60% vote is required during one legislative session to place a constitutional amendment on the ballot. The amendment was introduced as House Bill 788 on Jan. 29, 2025. It passed in the state House by a vote of 139-0 on March 13 and in the state Senate by a vote of 46-0 on April 2.

Shaoli Sarkar, advocacy director of the Maryland Bar, wrote in support of the amendment, “HB 788 would allow the Commission [on] Judicial Disabilities, a judicial agency responsible for monitoring the conduct of Maryland judges and justices, to continue its work without delay due to member recusals or vacancies.”

This is the first amendment to be certified for statewide ballots in Maryland for 2026. Between 1995 and 2024, 35 amendments appeared on Maryland ballots—all but two were approved.