Measure on the ballot in the 2022 Maryland General Election in Maryland.
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Get StartedThis constitutional amendment would repeal the requirement that voters in Howard County elect three orphans' court judges and would instead require Howard County Circuit Court judges to alternately sit as an orphans' court, as is currently required in Harford and Montgomery counties. When sitting as an orphans' court, the judges would have all of the power, authority, and jurisdiction of the orphans' court. If this constitutional amendment passes, a party would no longer have the option to appeal a final judgment of the orphans' court to the Circuit Court for Howard County and would instead have to take the appeal directly to the Court of Special Appeals. Currently, the Maryland Constitution provides for the election of three orphans' court judges in Baltimore City and in each county, except in Harford and Montgomery counties. An orphans' court hears all contested matters regarding a decedent's estate, including validity of wills and legal questions involving transfers of property. The court also supervises estates that are probated judicially; approves accounts, awards of personal representatives' commissions, and attorney's fees in all estates; and shares jurisdiction with the circuit courts over the guardianship of minors and their property. A provision in Maryland law allows a party to appeal a final judgment of an orphans' court to the circuit court for the county. For this constitutional amendment to take effect, it must be approved by both a majority of the statewide voters and a majority of the voters in Howard County.
A "yes" vote supports ending county elections of Howard County orphans' court judges and requiring the Howard County Circuit Court judges to sit as the orphans' court for Howard County. Under the amended law, a party could no longer appeal the final judgement of the Howard County Orphans Court to the Howard County Circuit Court and would instead take an appeal directly to the Court of Special Appeals.
A "no" vote supports retaining current law, which provides for the voters of Howard County to elect three orphans' court judges. A party would still be able to appeal the final judgement if the Howard County Orphan Court to the Howard County Circuit Court.
"This legislation represents an exciting and critically needed reform to probate in Howard County that will create a more efficient, more reliable, and more equitable process for grieving families by eliminating numerous existing systemic shortcomings." - Byron E. Macfarlane, Register of Wills for Howard County, in support of Question 5 (Learn more)
"Abolishing the Orphans' Court as a separate court and having the Circuit Court absorb this responsibility would be a mistake. Circuit Court judges are tasked with hearing civil, criminal and family law cases and would be burdened with the extra responsibility of having to hear probate matters." - Baltimore City Orphans' Court Judges Lewyn Scott Garrett, Michele E. Loewenthal, and Charles Bernstein, in opposition to Question 5 (Learn more)
Repeals county elections of Howard County orphans' court judges and requires the Howard County Circuit Court judges to sit as the orphans' court for Howard County. The current law provides for the voters of Howard County to elect three orphans' court judges. Under the amended law, a party could no longer appeal the final judgement of the Howard County Orphans Court to the Howard County Circuit Court and would instead take an appeal directly to the Court of Special Appeals.
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