In the Matter of the Honorable April T. Ademiluyi, the Supreme Court of Maryland removed a circuit court judge for “egregious judicial misconduct.”[1] April T. Ademiluyi (“Ademiluyi”), a former Associate Judge for the Circuit Court of Prince George’s County, was charged by the Investigative Counsel for the Maryland Commission on Judicial Disabilities (“Commission”) with violating multiple provisions of the Maryland Code of Judicial Conduct (“MCJC”).[2] Ademiluyi’s misconduct included campaign statements “inconsistent with the independence and impartiality of judicial office,” a failure to cooperate with and be patient and courteous to staff and colleagues, and a display of improper bias against criminal defendants.[3]

The Commission recommended a 6-month suspension followed by 1-year probation requiring training, evaluations, and mentorship.[4] Although the Commission’s recommendations carry significant weight, the court found the Commission’s recommendation in this case insufficient.[5] The court explained that not only had Ademiluyi violated numerous MCJC provisions, she also continued her misconduct after receipt of a Letter of Cautionary Advice and showed no remorse for her actions.[6] As a result, Ademiluyi “could not be trusted to perform the duties of a circuit court judge” and any disciplinary action short of removal would be “inadequate to protect the integrity of the judiciary and fair and impartial administration of justice.”[7]

Ademiluyi’s misconduct warrants the question, how did someone who conducts themselves in such a manner make it onto the bench in the first place? In Maryland, the public votes to keep incumbent circuit court judges or replace them with a challenger.[8] Challengers are not required to have any courtroom experience and are not vetted before placement on the ballot.[9] After spending just over a decade as a solo practitioner, Ademiluyi successfully challenged incumbent Jared M. McCarthy for the final seat on the bench in the 2020 General Election.[10] But what led the public to make this choice?

Ballot-order research shows that the order in which candidates appear on ballots affects voter selection, benefiting candidates whose names appear first.[11] Every state has laws determining the order in which candidates are presented.[12] In Maryland, this order depends on party affiliation.[13] Ballots start with candidates running under the state’s majority party, followed by those running under the principal minority party, then those running under other parties, and finally unaffiliated candidates.[14] If a party has multiple candidates they are ordered alphabetically by surname.[15] Candidates for judicial office run nonpartisan and simply follow the alphabetical ordering.[16] Thus, based on the ballot-order effect, judicial candidates with surnames at the beginning of the alphabet have an advantage in the election.

The impact of the ballot-order effect has led to suggestions for “more sophisticated rotation schemes.”[17] But should selection through election be avoided altogether? Circuit court judges oversee the most serious cases and appeals from other courts.[18] Leaving the responsibility of choosing the most qualified candidate to take on such an important role in the hands of the public is a cause for concern. The disciplinary case of former Associate Judge Ademiluyi demonstrates that doing so can jeopardize judicial integrity.

Veronica Giron is a third-year J.D. Candidate at the University of Baltimore School of Law and an Associate Editor for the University of Baltimore Law Forum. She received her Bachelor of Arts in Criminal Justice and Criminology from the University of Maryland, College Park in 2017. During her 2L summer, Veronica worked as a Summer Associate at Thomas, Thomas & Hafer LLP. Upon graduating and passing the Maryland bar, she will return to the firm as a first-year Associate.

[1] Matter of Ademiluyi, 488 Md. 45, 144, 321 A.3d 142, 201 (2024).

[2] Id. at 56-57, 321 A.3d at 149.

[3] Id. at 100, 106, 121, 321 A.3d at 174, 178, 187.

[4] Id. at 57-58, 321 A.3d at 149.

[5] Id. at 136, 141, 321 A.3d at 196, 199.

[6] Matter of Ademiluyi, 488 Md. at 143, 321 A.3d at 200.

[7] Id. at 144, 321 A.3d at 200-01.

[8] See generally Dana M. Levitz & Ephraim R. Siff, The Selection and Election of Circuit Judges in Maryland: A Time for Change, 40 U. Balt. L.F. 39, 41 (2009), https://www.mdcourts.gov/sites/default/files/import/reference/pdfs/judicialselectionworkgroup/selectionandelectionofjudgesarticle.pdf.

[9] Id.

[10] Prince George’s County Circuit Court Former Judges, Md. Manual On-Line, https://msa.maryland.gov/msa/mdmanual/31cc/former/html/msa18291.html (last visited Oct. 21, 2024); Louis Peck, Final Vote Count Shows a Third ‘Sitting Judge’ Ousted in Judicial Elections, Md. Matters (Nov. 23, 2020), https://marylandmatters.org/2020/11/23/final-vote-count-shows-a-third-sitting-judge-ousted-in-judicial-elections/.

[11] Ballot order effects, MIT Election Data + Sci. Lab, https://electionlab.mit.edu/research/ballot-order-effects (last visited Oct. 21, 2024).

[12] Id.

[13] Md. Code Ann., Elec. Law § 9-210(j)(2) (LexisNexis 2021).

[14] Id.

[15] Id. at § 9-210(j)(3).

[16] Id. at § 9-210(g)(1).

[17] Marc Meredith & Yuval Salant, The Causes and Consequences of Ballot Order-Effects, Standford Inst. for Econ. Pol’y Rsch. (Feb. 2007), https://siepr.stanford.edu/publications/working-paper/causes-and-consequences-ballot-order-effects.

[18] Circuit Courts, Md Courts, https://www.mdcourts.gov/circuit#:~:text=Circuit%20Courts%20generally%20handle%20more,courts%20and%20some%20administrative%20agencies (last visited Oct. 21, 2024).