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Volume 664, Page 186   View pdf image (33K)
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CONSTITUTIONAL CONVENTION OF MARYLAND

PROPOSED CONSTITUTION OF 1968

CONSTITUTION OF 1867

shall consist of one judge of the Intermedi-

of Maryland. The members of the Com-

ate Appellate Court, one judge of the Supe-

mission shall be citizens and residents of

rior Court, one judge of the District Court,

this State. Three members of the Commis-

one lay member, and one lawyer member.

sion shall be appointed from among the

The Court of Appeals shall appoint the

judges of the Court of Appeals, the Circuit

judicial members. The governor shall ap-

Court for the Counties and of the Supreme

point the lay and lawyer members from

Bench of Baltimore City; one member shall

among the qualified voters of the State. The

be appointed from among those persons who

term of each member shall be four years, but

are admitted to the practice of Law in the

the General Assembly shall prescribe by law

State, who have been so engaged for at

shorter terms for the three judicial members

least fifteen years, and who is not a judge

and one of the other members first appoint-

of any Court; and one member shall rep-

ed, in order to establish overlapping terms of

resent the public, who shall not be a judge,

office. A vacancy on the Commission shall be

active or retired, and who is not admitted

filled for the remainder of the term. No

to the practice of Law in this State. The

member shall receive compensation for his

term of office of each member shall be for

service.

four years commencing on January 1, except


that of those persons first appointed to the


Commission one shall be appointed for a


term of one year, one for two years, one


for three years, and two for four years and


thereafter all terms shall be for four years.


Whenever any member of the Commission


appointed from among judges in the State


ceases to be a judge, when any member


appointed from among those admitted to the


practice of Law becomes a judge, when


any member representing the public be-


comes a judge or is admitted to the practice


of Law in this State, or when any member


ceases to be a resident of the State, in


such case the membership of this member


shall forthwith terminate. Any vacancies on


the Commission shall be filled for the un-


expired term by the Governor in the same


manner as for making of appointments to


the Commission and subject to the same


qualifications which were applicable to the


person causing the vacancy. No member


of the Commission shall receive any com-


pensation for his services as such but shall


be allowed any expenses necessarily incur-


red in the performance of his duties as


such member.

Section 5.27. Powers of Commission on Ju-

Sec. 4B. (a) A judge of the Court of

dicial Disabilities.

Appeals, of the Circuit Courts for the

The Commission on Judicial Disabilities

Counties, of the Supreme Bench of Balti-

shall have the power to investigate com-

more City, of the Orphans' Courts and

plaints against any judge, to conduct hear-

all other judges elected or subject to elec-

ings concerning the removal or retirement of

tion, and those appointed if the full term

a judge, to administer oaths and affirmations,

of the particular office is for not less than

to issue process to compel the attendance of

four years, (including a judge holding office

witnesses and the production of evidence,

on the date of adoption of this Amend-

and to require persons to testify and produce

ment) may, in accordance with the pro-

evidence by granting them immunity from

cedure described in this section, be removed

prosecution or from penalty or forfeiture.

for misconduct in office, persistent failure

The Commission shall have the power to

to perform the duties of his office or con-

recommend to the Court of Appeals the re-

duct which shall prejudice the proper ad-

186


 

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