How a Maryland Attorney Becomes (and Stays) a Judge

In Montgomery County, there are multiple vacant judicial positions that will be filled in the upcoming months.  These vacancies include one position on the Montgomery County District Court (the court which hears civil matters less than $30,000.00 in controversy, misdemeanor criminal cases, and traffic offenses), three positions on the Montgomery County Circuit Court (larger civil matters, family law matters, felony criminal matters, and estate cases); and one position on the Maryland Court of Special Appeals (the first level of appeal from the Circuit Court.

Who is Eligible to be a Maryland Judge?

The person must meet 6 qualifications:

1. Be a United States citizen.
2. Be registered to vote in the State of Maryland.
3. Have resided in Maryland for at least 5 years.
4. Reside in the geographical area where the vacancy exists for at least 6 months prior to appointment.
5. Be at least 30 years old at the time of appointment (but under the mandatory retirement age of 70).
6. Be a member in good standing of the Maryland Bar.

What’s the Process to Become a Maryland Judge?

The aspiring judge completes a very detailed questionnaire probing the candidate’s personal and professional background.  The candidate then is interviewed by the Trial Courts Judicial Nominating Commission (for District and Circuit Courts) or the Appellate Courts Judicial Nominating Commission (for appeals courts).  These commissions are comprised of lawyers and non-lawyers, selected by the Governor, charged with vetting and interviewing candidates, and forwarding the names of the most qualified candidates to the Governor for further consideration.  The Governor and his/her Legal Counsel interview the nominees and ultimately make an appointment.  The Governor usually—but is not required to—select from the list of nominees forwarded by the Commission.

Appeals court judges and District Court judges, once appointed, are subject to confirmation by the Maryland State Senate.  Thereafter, they serve for a 10-year term.  At the expiration of a ten-year term, the judge is subject to a retention election for another 10-year term.  You may have seen this on the ballot as a “vote for continuation in office”.  The answer is simply “yes” or “no”.

Circuit Court judges, once appointed, face a far different path to retention.  Circuit Court judges are temporarily appointed until the next Congressional (even year) election.  At that time, the newly-invested Circuit Court judge must run for election.  The election is nonpartisan but any member who meets the 6 qualifications of a judge can pay a small filing fee, bypass the extensive vetting process, and run for a judgeship.   More troublingly, on the ballot, there is no indication of which candidates are already judges and which are challengers.  Hence, Bulman Dunie attorneys are always very active during judicial elections in campaigns to “retain the sitting judges”.  Once elected, a judge serves for a 15-year term.  If the judge completes his/her term, he/she must run for another 15-year term.

Comprised of many former judicial law clerks, Bulman Dunie attorneys play active roles in the judicial selection process and devote substantial time and resources to judicial elections.  It is important to us—and to our clients—to ensure that the bench is comprised of highly qualified judges with appropriate judicial temperaments.