# Question 2: Temporary Appointments on the Commission on Judicial Disabilities (constitutional amendment)
**In one sentence:** This question decides whether the chair of the 11-member Commission on Judicial Disabilities can temporarily recall a former member — or ask the Governor to appoint a substitute or extend a current member's term — when a member steps aside from a case, loses eligibility, or a term ends without a replacement [1][3][4].
## What a FOR vote does
A vote FOR means temporary appointments are allowed when a member is recused (steps aside from a case), disqualified (loses eligibility, such as a public member becoming a lawyer), or a member's term ends without a replacement [1]. The Commission Chair can recall a former member, or the Governor can appoint a temporary substitute or extend a current member's term until a replacement is appointed. Only people who meet the constitutional eligibility requirements can be recalled or appointed [1][4].
## What an AGAINST vote does
A vote AGAINST keeps current membership rules: the constitution stays as it is, and temporary appointments are not allowed if a member is recused, disqualified, or a term ends [1][2].
## Strongest case FOR
- The Maryland State Bar Association, the state's lawyer group, supported the 2025 version of this amendment, saying it would let the commission "continue its work without delay due to member recusals or vacancies" [5].
- The amendment is limited: a recalled former member already went through the Senate's confirmation process, and the Governor's term extensions and appointments still obey the 10-year service limit [4].
- No organized opposition was found, and the bill passed the Senate 41-0 and the House 134-0, both unanimous [3][6].
## Strongest case AGAINST
- Critics of the idea argue that joining a commission that can recommend a judge's removal should require the Governor and the Senate, not the unelected commission chair [4].
- Critics point out the text has no deadline: a "temporary" appointment or a term extended "until a replacement is appointed" could last a long time if no replacement is ever confirmed [4][6].
- The commission does not need all 11 members: the constitution requires only a majority to act, so a missing seat does not stop its work [4].
## If you care most about...
- **Keeping judge discipline moving** -> FOR fits, because it lets the commission replace a member quickly without waiting for a full appointment [1][5].
- **Keeping Senate confirmation central** -> AGAINST fits, because the changes let the chair recall a former member without new Senate action [4][6].
- **Preventing open-ended "temporary" appointments** -> AGAINST fits, because the text has no deadline [4].
- **Simplicity and speed in a small agency** -> FOR fits, because it adds a back-up with built-in limits [4][5].
## Who supports and who opposes
Support: State Senator Will Smith (D), the bill's sponsor [6]; Judge Anne Korbel Albright, who chairs the commission [5][6]; Maryland State Bar Association [5]. Opposition: No organized opposition campaign found in sources checked; Ballotpedia lists none [6].
## What we could not verify
- The fiscal note says the change brings "operational efficiencies" with no material state or local cost, but sources checked give no specific dollar figure [7].
- Sources do not document how often vacancies or recusals actually delay the commission's work [8].
- Official sources differ on expired terms: the state fiscal note says an expired-term member may keep serving, while the Attorney General's ballot summary says current law has no provision for that situation [2][6].
## Confidence
Medium: the official ballot text, the law (Chapter 878), and the fiscal note all agree on what passes and its terms, but only non-partisan guides (Maryland Matters, Ballotpedia) supply the arguments for and against, and no public opposition campaign could be found [1][3][4][5].
## Sources
[1] Ballot questions for the November 3, 2026 election - Maryland State Board of Elections - https://elections.maryland.gov/elections/2026/ballot_questions.html
[2] Question 2 Ballot Question Summary - Montgomery County Board of Elections - https://mcg.montgomerycountymd.gov/Elections/Resources/Files/pdfs/Sample%20Ballots%20and%20Voter%20Guide/Summary%20of%20Ballot%20Questions%20English%2010162026.pdf
[3] Unofficial 2026 Gubernatorial General Election Question Text - Maryland State Board of Elections - https://elections.maryland.gov/elections/2026/general_results/gen_qtext_2026_C_2.html
[4] Question 2: Temporary appointments on the Commission on Judicial Disabilities - Maryland Matters - https://marylandmatters.org/voter-guides/ballot-measures/question-2-temporary-appointments-on-the-commission-on-judicial-disabilities/
[5] Maryland Question 2, Commission on Judicial Disabilities Vacancies Amendment (2026) - Ballotpedia - https://ballotpedia.org/Maryland_Question_2,_Commission_on_Judicial_Disabilities_Vacancies_Amendment_%282026%29
[6] Question 2: Temporary Appointments on the Commission on Judicial Disabilities - SpectrumVote - https://spectrumvote.com/md/question-2-constitutional-amendment-ch-878-of-2026-temporary
[7] Fiscal and Policy Note, SB 933 (2026) - Maryland Department of Legislative Services - https://mgaleg.maryland.gov/2026RS/fnotes/bil_0003/sb0933.pdf
[8] Question 2: Temporary appointments to the Commission on Judicial Disabilities - Ballot Explained - https://ballotexplained.com/measures/maryland/question-2