# Question 2: Temporary Appointments on the Commission on Judicial Disabilities (constitutional amendment)

**In one sentence:** Question 2 asks whether to change the Maryland Constitution so that temporary members can fill seats on the Commission on Judicial Disabilities when a member steps aside or a term ends with no replacement [1]. The Commission is an independent body that looks into complaints against Maryland judges [5].

## What a FOR vote does
- It allows temporary appointments when a member is recused (steps aside from a case, usually because of a conflict) or disqualified. It also allows them when a member's term ends without a replacement [1].
- The Commission Chair could bring back a former member. If the Chair asks, the Governor could also appoint a temporary substitute or extend a current member's term until a permanent replacement is named [1].
- A substitute must have the same qualifications as the member being replaced. The state Senate must not have rejected that person for the Commission before. A substitute who is a judge or lawyer must be in good standing with the Maryland bar [3].

## What an AGAINST vote does
- The Commission's current membership rules stay the same, and temporary appointments are not allowed [1].
- Under current law, the Governor fills a vacancy for the rest of the term [3]. The Commission has 11 members: 3 judges, 3 lawyers and 5 residents who are neither [3].

## Strongest case FOR
- The Maryland Matters voter guide lists this argument: a backup way to fill seats would let the Commission keep handling complaints and avoid backlogs, because appointments are often slow [3].
- The same guide calls the change very limited. The Chair could only recall someone who was already approved before, and members would still be held to the 10-year service limit [3].
- The bill passed the Senate 41-0 and the House 134-0 [2].

## Strongest case AGAINST
- The Maryland Matters guide lists this argument: a seat on a panel that can recommend removing a judge should require action by the Governor and Senate, not by the Commission's unelected chair [3].
- The guide also says the Commission does not need all 11 members. The constitution only requires a majority to be present to decide a complaint [3].
- The guide adds that the amendment sets no deadline for naming a permanent member. A "temporary" member could serve a long time, and the Governor could use such appointments to avoid Senate confirmation [3].

## If you care most about...
- **Keeping complaints against judges moving** -> FOR fits, because it creates a backup way to fill empty seats and avoid backlogs [3].
- **Senate confirmation as a check on appointments** -> AGAINST fits, because temporary members could serve without new Senate approval and with no deadline [3].
- **Changing the constitution only when clearly needed** -> AGAINST fits, because the Commission can already act with a majority of members present [3].
- **Strict limits on who can serve** -> FOR fits, because substitutes must meet the same requirements and cannot be people the Senate rejected [3].

## Who supports and who opposes
- **Support:** The chair of the Senate Judicial Proceedings Committee testified in favor before that committee. Senator Smith, the bill's sponsor, testified in favor before the House Judiciary Committee [2][4].
- **Oppose:** Not found in sources checked. No one signed up to testify against the bill [4].

## What we could not verify
- Who makes the arguments listed in the Maryland Matters guide. The guide does not name them [3].
- The Commission's own position on Question 2: Not found in sources checked.
- How often vacancies or recusals have actually delayed cases: Not found in sources checked.
- The bill also withdraws an earlier proposed amendment on this topic [2]. We could not confirm how that earlier version was different.
- We could not read the legislature's Fiscal and Policy Note (PDF), and Ballotpedia blocked our access.

## Confidence
Medium. Official sources clearly describe what the amendment does. However, the arguments for and against come from one news guide that does not say who makes them, and we found no named opponents.

## 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] SB 933 (2026), Judiciary Department - Commission on Judicial Disabilities - Temporary Appointment - Maryland General Assembly - https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0933?ys=2026RS
[3] Question 2: Temporary appointments on the Commission on Judicial Disabilities (Voter Guide: 2026 General Election) - Maryland Matters - https://marylandmatters.org/voter-guides/ballot-measures/question-2-temporary-appointments-on-the-commission-on-judicial-disabilities/
[4] SB0933 Committee Testimony and Witness Signup - Maryland General Assembly - https://mgaleg.maryland.gov/mgawebsite/Legislation/WitnessSignup/SB0933?ys=2026RS
[5] Commission on Judicial Disabilities - Maryland Judiciary - https://www.mdcourts.gov/cjd