Tan building labeled Montgomery Country Circuit Court
Montgomery County Circuit Court. Credit: Courtney Cohn

The four incumbent judges running for re-election to the Montgomery County Circuit Court, along with a challenger, say October’s fatal shooting of a Washington County judge has heightened their concerns about their safety on the job and as they campaign for the May 14 primary election.

During interviews with MoCo360 about their candidacies, the judges say the issue is top of mind for many Maryland judges after Washington County Circuit Court Judge Andrew Wilkinson was fatally shot in October in his driveway. Authorities suspected a man, later found dead, who was angry at Wilkinson for a decision he made in the man’s divorce case.

“That happened right before my investiture. In fact, [Wilkinson’s] funeral was the morning after my investiture, so it was certainly heavy on everybody’s minds and hearts,” said County Circuit Court Judge Jennifer Fairfax, who was appointed to the bench in September by Gov. Wes Moore (D). “I knew the moment I took the oath, that that was a risk that I was going to assume in this job.”

Fairfax and judges Louis Leibowitz, Bradford McCullough and Marybeth Ayres are running in the May 14 primary election as the Elect Sitting Judges slate. The judges and challenger Marylin Pierre are vying for four seats on the bench. Pierre, a local attorney, is running for a seat for the fourth time.

Leibowitz, McCullough and Ayres were appointed in 2022 by then-Gov. Larry Hogan (R).

Under state law, judges who are appointed by the governor must stand for election to a 15-year term in the next general election occurring at least one year after nomination to the court. Under the Maryland Constitution, any lawyer over the age of 30 living in the state may challenge the appointed judges, and no vetting is required.

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When asked about personal security, all four of the sitting judges and Pierre told MoCo360 they have become more self-aware and vigilant when they are out in public.

“I am very concerned about the safety of all of us. I have received threats myself since I became a candidate for judge,” said Pierre, who did not want to elaborate publicly about the threats.

McCullough, who has served on the court since December 2022, said he no longer wears a pullover with the words “Maryland Judiciary” that he was given during orientation to become a trial judge. “I won’t wear that out in public,” he said. “It’s just a sad reality.”

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McCullough said he believes local authorities are taking the security concerns seriously and the ample security presence at larger events makes him feel safer.

“Our sheriff’s department is excellent,” McCullough said. “At any statewide events, there’s always a good bit of security. It’s unfortunately the world we live in, and it’s something that you need to take reasonable steps to guard against.”

Leibowitz and Fairfax said they are more concerned about the safety of their families, especially their children.

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“My kids have had to have a security briefing, and we talk about personal safety and security around the house and security when we’re not around the house,” Leibowitz said. “It’s something that’s at the forefront of my mind and my family’s mind.”

Leibowitz, who has served on the court since June 2022, also said he takes steps to be safe, including using surveillance cameras, and Fairfax said she has installed a security system in her home. Fairfax said she also is concerned that people may know where she lives or how to directly contact her.

Ayres, who has served on the court since December 2022, said she has had security concerns while in court as well as when she’s out in public. She said litigants have come before her “who do not follow the rules of the court” and “have been less than respectful” and “maybe even unruly.”

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However, she said such behavior does not impact her commitment to performing her job and living her life.

“I will not let that sway me,” Ayres said. “I definitely will take precautions if I think that something’s happening and maybe get a sheriff on standby, but it will never affect my rulings or my willingness to just live life.”

The three other sitting judges shared Ayres’ sentiment, with Leibowitz saying he wasn’t going to let security concerns “influence how I decide cases.”

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“I live my life and don’t worry about it,” added McCullough.

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