# 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 (three judges, three lawyers, and five public members [9]) 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), or a member's term ends without a replacement [1]. The Commission Chair can recall a former member, or the Governor, at the Chair's request, can appoint a temporary substitute or extend a current member's term until a permanent replacement is appointed. Only people who meet the constitutional eligibility requirements may be recalled or appointed [1][4].

## What an AGAINST vote does
A vote AGAINST keeps current membership rules: temporary appointments are not allowed if a member is recused, disqualified, or a term ends [1]. The official state summary says current law has no provision for a vacancy at the end of an expired term, a recusal, or a disqualification [2].

## Strongest case FOR
- The Maryland State Bar Association, the state's lawyer group, supported the 2025 version of this amendment (HB 788), saying it would let the commission "continue its work without delay due to member recusals or vacancies" [10].
- The change is limited: the fiscal note says approval would bring "operational efficiencies" with no material impact on state or local finances [7].

## Strongest case AGAINST
- Maryland Matters points out the amendment has no deadline by which an appointment must happen, so a "temporary" appointment could last a long time, and could let the Governor avoid Senate confirmation [4].
- The 11 members are all appointed by the Governor and confirmed by the Senate [9]. A possible argument: a power to temporarily fill a seat without new Senate confirmation is a change from that appointment path.
- The commission can act with a majority of its members, so a missing seat does not stop its work [8].

## If you care most about...
- **Keeping judge discipline moving** -> FOR fits, because it lets a seat be filled quickly instead of waiting for a new appointment [1][10].
- **Keeping the Governor-and-Senate appointment path central** -> AGAINST fits, because the change lets the Chair or Governor act without new Senate confirmation [1][4].
- **Preventing open-ended "temporary" appointments** -> AGAINST fits, because the text has no fixed deadline [1][4].
- **A smaller, simpler fix to a real gap** -> FOR fits, because it adds a limited back-up with no material cost [7].

## Who supports and who opposes
Support: State Senator Will Smith (D), the bill's sponsor; Judge Anne Korbel Albright, who chairs the commission; and the Maryland State Bar Association [5][6][10]. Opposition: No organized opposition campaign found in sources checked; Ballotpedia lists no opposing groups [6].

## What we could not verify
- The fiscal note says approval would bring "operational efficiencies" with no material state or local cost, but gives no dollar figure [7].
- Sources checked do not document how often vacancies or recusals actually delay the commission's work [8].
- Whether a member whose term has expired may keep serving under current law is not confirmed in the sources checked.

## Confidence
Medium: the official ballot text, the law (Chapter 878), and the fiscal note all agree on what passes and its limits, 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][6].

## 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] Maryland Constitution Article IV, Section 4A (Commission on Judicial Disabilities, 11 members) - Maryland State Archives - https://msa.maryland.gov/msa/mdmanual/43const/html/04art4.html
[9] Commission on Judicial Disabilities - About - Maryland Courts - https://www.courts.state.md.us/cjd/about
[10] Testimony to the House Judiciary Committee, HB 788 (2025), from the Maryland State Bar Association - Maryland General Assembly - https://mgaleg.maryland.gov/cmte_testimony/2025/jud/1jIiQ6YhZIZ5O1fhIyQ4rBkB6dFXNHfv7.pdf