Criminal Law - Theft - Mail and Packages (Porch Piracy Act of 2026)
HB0788 is a proposed constitutional amendment concerning the Maryland Commission on Judicial Disabilities. The bill would allow the chair of the Commission to address temporary vacancies or absences by recalling a former member to serve temporarily, or by requesting that the Governor appoint a temporary substitute member or extend the term of an existing member until a replacement is appointed. It also clarifies that temporary substitute members must meet the same qualifications as the member they replace, including bar membership requirements where applicable.
The bill preserves the Commission’s existing authority to investigate complaints against judges, conduct hearings, issue subpoenas and immunity, and recommend discipline, removal, censure, or retirement to the Supreme Court of Maryland. It also maintains confidentiality rules and the requirement that judges not participate in proceedings involving their own conduct. The amendment is to be submitted to voters at the November 2026 general election, meaning it changes the state constitution only if approved by the electorate.
If adopted, the amendment would modify Article IV, Sections 4A and 4B of the Maryland Constitution to create a new temporary appointment mechanism for the Commission on Judicial Disabilities. It would give the Commission chair and the Governor additional flexibility to keep the Commission functioning when a member recuses, is disqualified, or when a term expires before a successor is appointed. The change would affect the Governor’s appointment authority, the Commission’s internal operations, and the qualifications and tenure rules governing commission membership.
The available bill text and procedural history suggest a largely administrative, noncontroversial measure focused on maintaining continuity in judicial discipline proceedings. There are no recorded committee transcripts or votes indicating opposition or debate in the provided materials. The bill appears to have been enacted as a constitutional amendment proposal and placed before voters, which is consistent with a technical governance adjustment rather than a policy dispute.
The main issue addressed by the bill is how to avoid gaps in the Commission on Judicial Disabilities when members recuse, are disqualified, or when terms expire without replacements. Any potential concern would likely center on the balance between flexibility and appointment control—specifically, whether allowing the chair to recall former members or the Governor to extend terms could affect independence or the regular turnover of the Commission. No specific objections or competing positions are reflected in the provided discussion or voting record.