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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 745   View pdf image (33K)
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745

Courts shall be Courts of Record, and each shall have a seal
to be used in the authentication of all process issuing from
them. The process and official character of Justices of the
Peace shall be authenticated as hath heretofore been practised,
in this State or may hereafter be prescribed by law.

Sec. 2. The Judges of the several Courts, except the Judges
of the Orphans' Courts, shall be citizens of the United States,
and residents of this State not less than five years next pre-
ceding their election or appointment by the Executive in case
of a vacancy, and not less than one year next preceding
their election or appointment residents in the Judicial Dis-
trict or Circuit, as the case may be, for which they may be
elected or appointed. They shall be not less than thirty
years of age at the time of their election, and selected from
those who have been admitted to practice law in this State,
and who are most distinguished for integrity, wisdom and
sound legal knowledge.

Sec. 3. The Judges of the Court of Appeals shall be elected
by the qualified voters of the State; and the Governor, by
and with the advice and consent of the Senate, shall designate
the Chief Justice; and the Judges of the Judicial Circuits
shall be elected by the qualified voters of their respective
circuits. Each Judge of the Court of Appeals, and of each
Judicial Circuit shall hold his office for the term of fifteen
years from the time of his election, or until he shall have at-
tained the age of seventy years, whichever may first happen,
and be re-eligible thereto until he shall have attained the age
of seventy years and not after..

Sec. 4. Any Judge shall be removed from office by me
Governor on conviction in a Court of Law of incompetency,
of willful neglect of duty, misbehavior in office, or any other
crime, or on impeachment according to this Constitution or
the laws of the State; or on the address of the General As-
sembly, two-thirds of each House concurring in such address,
and the accused having been notified of the charges against
him, and had opportunity^ making his defence.

Sec. 5. In case of the death, resignation, removal or other
disqualification of a Judge of any Court of this State, except
of the Orphans' Court, the Governor, by and with the advice
and consent of the Senate, shall thereupon appoint a person
duly qualified t. o fill said office until the next general election
thereafter, whether for members of the General Assembly or
county officers, whichever shall first occur, at which time an
election shall be held as herein prescribed for a Judge, who
shall hold said office for the term of fifteen years, and until
the election and qualification of his successor.

94

 

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 745   View pdf image (33K)
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