Full Participation in Circuit Court Judge Elections

By Senator Roy Dyson
ST. MARY'S TODAY
 

It started with a very angry phone call to my office during the last election for Circuit Court Judges in St. Mary’s County in 2004.  I’ve had angry constituents calling to complain about various issues during my many years of public service, but this one was especially strong. 

The constituent, who said he was an independent, was furious that he could not vote in the primary for Judge, which is part of a “non-partisan” system to elect circuit court judges.

This call led me to introduce Senate Bill 324 – a bi-partisan piece of legislation that was co-sponsored by Republican Senator Allan Kittleman, of Carroll and Howard Counties and had nothing at all to do with the upcoming election for Circuit Court Judge in St. Mary’s County.

Senate Bill 324 allows any voter, regardless of party --- Democrat, Republican, Independent, Green or unaffiliated, to vote for Circuit Court Judges in any state primary election.  Its that simple. Right now, only Republicans and Democrats can vote in the primary election for circuit court judge.

Unfortunately, this bill did not pass in the General Assembly in this year’s session after --- of all people --- Judges throughout the state fought it, saying that they didn’t think they should be subject to elections.  I believe this is wrong and I plan to re-introduce the legislation, which passed by a unanimous vote in the Senate but died in the House Judiciary Committee, again during the 2007 General Assembly Session.

Ironically, state Senators and Delegates who make up many of the laws that these mostly longtime sitting judges often have to enforce, only serve four-year terms before facing elections.

The Governor appoints Circuit Court judges in Maryland, but that appointement is temporary until the next election after the appointed judge has been on the bench for at least one year.  Then the voters can choose that appointed judge ro any other candidate for a full 15-year term.

Such was the case in 2004 when my friend, former Speaker of the Maryland House of Delegates John Hanson Briscoe, retired from full-time service and Judge Karen Abrams was appointed.  She faced election in 2004 and won both party primaries and won a 15-year term.

Currently, three candidates are vying in both primary elections for the Circuit Court seat in St. Mary’s.   Judge Stamm is the temporary appointed Judge who replaced Marvin Kaminetz after his retirement after 15 years on the bench.   Judge Stamm, also a good jurist, is running against two good candidates, Shane Mattingly and George Sparling.   These contests are in the Democratic and Republican primaries on Sept. 12^th.  If one of the candidates wins both primaries, as did Judge Abrams in 2004, he immediately wins a full term and only his name appears on the general election ballot, ending the election before independent voters can take part.

While any of the candidates would make an excellent judge, the primary election system which disenfranchises thousands of voters, is blatantly unfair.  This is what Senate Bill 324 would have corrected.

Currently there are in excess of 490,000 unaffiliated and small party registered voters who can’t vote because they are not members of one of the big two political parties.   In St. Mary’s they number 8,800, Charles has 12,500 and in Calvert there are 8,000, making about 20 percent of the electorate unable to participate in a “non-partisan” election.  This is not only unfair but it is just silly.

Public confidence in our court system is essential.  To not allow such a large number of voters to take part in such an important election is intolerable.  That is why it is critical that this bill pass next year.