MD bill would prevent expelled judges from winning back seats

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Judges who are expelled from office or forced to retire would be unable to win their seats back under a bill pending in the Maryland General Assembly.

Anne Albright, who serves as a Maryland Appellate Court judge and as the chair of the Maryland Commission on Judicial Disabilities, on Wednesday testified in favor of the bill, which would prevent judges from running for reelection after being removed.

Her commission, which is charged with disciplining judges, only recommends removal in cases where alternatives to expulsion — such as diversion, letters of cautionary advice and other sanctions — are not possible. Judges can be expelled for criminal conduct, accepting bribes, working while intoxicated, or for racism, sexism or sexual harassment.

Removal and forced retirement are “the most serious sanctions that we can recommend,” Albright told the House Judiciary Committee. “Recommending removal is rare.”

She said a “gap” in the current law hurts the commission’s ability to fully carry out its mission. Expelled judges can run for their seat again, “regardless of the gravity of their conduct or their ability to perform their duties.”

The bill primarily targets state circuit court judges, who face contested elections against opponents. Incumbent judges at other levels are appointed, then face periodic retention elections in which voters can keep or remove them, but not replace them with another candidate.

If passed and approved by voters, the bill would prevent former Prince George’s County Circuit Judge April Ademiluyi, whom the Maryland Supreme Court removed from office in 2024 for “egregious” misconduct, from running again.

It could also impact orphans’ court judges, elected officials who are not required to be lawyers. Albright’s commission is currently considering discipline for two judges of the Anne Arundel County Orphans’ Court, Marc Knapp and Vickie Gipson.

Investigative counsel for the commission in October recommended the removal of Knapp, and in December recommended discipline, but not removal, for Gipson. The Maryland Supreme Court has not made final decisions on their cases.

Albright spoke for only a few minutes and no one asked questions. She noted that 25 states prevent removed judges from returning either permanently or for a fixed time after being removed by a disciplinary body.

The bill comes at the request of the Maryland Judicial Conference, which recommends legislation affecting the judiciary. The conference is chaired by Maryland Supreme Court Chief Justice Matthew Fader.

It would require a change to the Maryland Constitution, and thus would require voters to approve it at the next general election.