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PROPOSED CONSTITUTION OF 1968
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CONSTITUTION OF 1867
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moval or retirement of a judge. All proceed-
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ministration of justice, or may be retired
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ings, testimony, and evidence before the Com-
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for disability seriously interfering with the
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mission shall be confidential and privileged,
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performance of his duties, which is, or is
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except that the record of any proceeding
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likely to become, of a permanent char-
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filed with the Court of Appeals shall lose its
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acter.......
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confidential character. The Court of Appeals
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(b) The General Assembly shall review
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shall prescribe by rule the means to imple-
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the record of the proceedings on the law
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ment and enforce the powers of the Commis-
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and facts and in its discretion may permit
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sion.
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the introduction of additional evidence and
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by a joint resolution passed by a two-thirds
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vote of the members elected in each House
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thereof, shall order removal or retirement,
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as it finds just and proper, or wholly reject
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the recommendation. Upon an order foi
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retirement, the judge shall thereby be re-
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tired with the rights and privileges provided
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by Law. Upon an order of removal, the
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judge shall thereby be removed from office,
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his salary shall cease from the date of such
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order, and neither he nor his widow, upon
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his death, shall receive any benefits, pension,
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or retirement allowance accruing from ju-
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dicial service.
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(c) All papers filed with and proceedings
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before the Commission on Judicial Dis-
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abilities, pursuant to this section shall be
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confidential, and the filing of papers with
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and the giving of testimony before the
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Commission shall be privileged. No other
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publication of such papers or proceedings
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shall be privileged in any action for def-
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amation except that (a) the record filed
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by the Commission in the General Assembly
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continues to be privileged and upon such
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filing loses its confidential character and
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(b) a writing which was privileged prior
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to its filing with the Commission does not
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lose such privilege by such filing. The
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Commission and the General Assembly shall
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have the power to issue and enforce process
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to compel the attendance of witnesses and
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the production of evidence. The General
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Assembly shall by statute provide for pro-
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cedure under this section before the Com-
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mission on Judicial Disabilities and by rule
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shall provide for procedure under this sec-
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tion in the General Assembly.......
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Section 5.28. Procedures of Commission on
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Sec. 4 A. (b) The concurrence of a ma-
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Judicial Disabilities.
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jority of the appointed members shall be
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The Commission on Judicial Disabilities
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sufficient for the validity of any act of the
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shall act only upon the concurrence of a ma-
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Commission. The Commission shall select
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jority of its members. The Commission shall
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one of its members to serve as Chairman.
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elect one of its members as chairman. Practice
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and procedure before the Commission shall
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be prescribed by rule.
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Section 5.29. Removal by Court of Appeals
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Sec. 4B. (b) The General Assembly shall
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Upon recommendation of the Commission
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review the record of the proceedings on the
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