I may have passed on some misleading information about the Orphans’ Court proposal that failed in the house last week. Del. Pat McDonough reported that he killed a proposed constitutional amendment that would mandate that only attorneys could be Orphan’s Court judges.

But a closer reading of the bill here at The Daily Record shows that it wouldn’t restrict judgeships to lawyers. It would just allow the General Assembly to add new restrictions for Orphans’ Court judges in different jurisdictions.

Now the proposed amendment could potentially be used to restrict those judgeships to attorneys, but there’s nothing that specific in the proposal itself. There was a bill proposed in 2007 that would have required Orphans’ Court judges to have a law degree. Even that bill would not have required the judges to be attorneys, though.

I asked Del. McDonough about this, and he said the bill is “enabling legislation” that will allow lawyers to use their influence to take over the Orphan’s Court. He thinks the system is fine and shouldn’t be changed.

“This is another attempt by lawyers to take control of a part of our government by making it exclusive for them,” McDonough said.

Republicans scored a recent victory in the House, twice blocking a bill on the verge of final passage.

The bill was a constitutional amendment that would have required elected judges in the Maryland Orphans’ Courts to be attorneys. Bills rarely come to the floor for a third and final reading unless members of leadership believe they have the votes to pass them.

Del. Pat McDonough, Republican of Baltimore and Harford counties, took credit for the bill’s failure in news release issued Friday. McDonough thinks an accountant would probably be the best profession for the Orphans’ Court job because those judges mainly handle estate issues

A constitutional amendment needs the support of three-fifths of both legislative chambers, but it failed by five votes on Thursday. The House reconsidered the measure Friday but it failed by one vote.

But the issue may not be dead. The Senate will bring the bill to the floor for a second reading next week.