Judges - Mandatory Retirement Age
HB 638 proposes amending the Maryland Constitution to increase the mandatory retirement age for most judges from 70 to 73 years. The bill specifically affects judges in all courts except the District Court and certain Orphans' Court judges (with limited exceptions for Montgomery and Harford Counties). Key provisions revise Sections 3, 3A, 5A, 18B, and 41D of Article IV to reflect the new retirement age, requiring judges to retire upon reaching 73 instead of 70. This change would apply to all judges serving in elected or appointed judicial positions, excluding the specified exceptions. The amendment requires approval by three-fifths of both legislative chambers to proceed.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Governor
Introduced Jan 30, 2026
Last action Mar 25, 2026
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What changed between versions
First - Judges - Mandatory Retirement Age
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Third - Judges - Mandatory Retirement Age
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4 edits
MODERATE
The bill was amended to add new sponsors and include a favorable committee report, indicating it has passed the House with changes. The core text was reorganized to clarify that the amendment now also establishes a mandatory retirement age for Orphans' Court judges, in addition to updating the age for other judges to 73. The bill was also expanded to include a new section in Article XVIII for provisions of limited duration.
Scope change
The bill's scope was expanded to explicitly include Orphans' Court judges under the new mandatory retirement age provision, whereas the original version focused primarily on appellate judges.
ELIGIBILITY
Added Orphans' Court judges to the list of judges subject to the new mandatory retirement age requirements.
REQUIREMENT
Reorganized the text to clearly separate the retirement age changes for appellate judges and the new specific rule for Orphans' Court judges.
TECHNICAL
Added a new section in Article XVIII regarding provisions of limited duration to formally house the Orphans' Court retirement rule.
Updated the bill header to reflect additional sponsors and the fact that the bill was adopted with floor amendments.
Floor votes · House of Delegates Mar 9, 2026
How they voted
90–33
Passed · 19 other
Total votes 142
Mar 9, 2026
D
Democratic103
85% Yea
R
Republican39
79% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
11
Key actions
5
Committee
4
Amendments
1
Mar 23, 2026
Committee
Referred Judicial Proceedings
upper
Mar 21, 2026
Lower · Passed
Third Reading Passed
lower
Mar 20, 2026
Introduced
Floor Amendment {
lower
Mar 19, 2026
Lower · Passed
Motion Special Order until 03/20 (Delegate Buckel) Adopted
lower
Mar 19, 2026
Lower · Passed
Favorable with Amendments {
lower
Mar 19, 2026
Lower · Passed
Favorable with Amendments Report by Judiciary
lower
Mar 9, 2026
House Of Delegates · Passed
House of Delegates Vote: pass (90-33-19)
house of delegates
Jan 30, 2026
Committee
First Reading Judiciary
lower
4 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Frank Conaway
DDemocratic
P
Gary Simmons
DDemocratic
P
Jamila Woods
DDemocratic
P
Jon Cardin
DDemocratic
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