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PROPOSED CONSTITUTION OF 1968
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CONSTITUTION OF 1867
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on Judicial Disabilities that a judge be re-
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law and facts and in its discretion may
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moved from office, the Court of Appeals, af-
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permit the introduction of additional evi-
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ter a hearing and upon a finding of
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dence and by a joint resolution passed by a
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misconduct while in office, or of persistent
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two-thirds vote of the members elected in
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failure to perform the duties of his office, or
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each House thereof, shall order removal or
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of conduct prejudicial to the proper adminis-
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retirement, as it finds just and proper, or
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tration of justice, may remove the judge
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wholly reject the recommendation. Upon an
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from office or may censure him. A judge re-
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order for retirement, the judge shall thereby
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moved under this section, and his surviving
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be retired with the rights and privileges
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spouse, shall have the rights and privileges
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provided by Law. Upon an order of re-
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accruing from his judicial service only to the
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moval, the judge shall thereby be removed
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extent prescribed by the order of removal.
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from office, his salary shall cease from the
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No judge shall sit in judgment in any hear-
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date of such order, and neither he nor his
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ing involving his own removal.
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widow, upon his death, shall receive any
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benefits, pension, or retirement allowance
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accruing from judicial service.......
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Sec. 4B. (c) ... A judge who is a
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member of the Commission shall not par-
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ticipate in any proceedings involving his
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own removal or retirement, and the Gov-
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ernor shall appoint a substitute member of
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the Commission for the purpose of said
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particular proceedings.
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(d) This section is alternative to, and
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cumulative with, the methods of retirement
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and removal provided in Sections 3 and 4
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of this Article, and in Section 26 of Article
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III of this Constitution.......
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Section 5.30. Retirement by Court of Ap-
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Sec. 4B. (a) ..... The Commission may,
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peals.
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after such investigation as it deems neces-
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Upon recommendation of the Commission
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sary, order a hearing to be held before it
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on Judicial Disabilities that a judge be re-
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concerning the removal or retirement of a
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tired from office, the Court of Appeals, after
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judge. If, after hearing, the Commission
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hearing and upon a finding of disability
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finds good cause therefor as aforesaid, it
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which is or is likely to become permanent
and which seriously interferes with the per-
formance of his duties, may retire the judge
from office. A judge retired under this sec-
tion shall have the rights and privileges
prescribed by law for other retired judges. No
judge shall sit in judgment in any hearing
involving his own retirement.
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shall recommend to the General Assembly
the removal or retirement, as the case may
be, of the Judge.
(b) The General Assembly shall review
the record of the proceedings on the law
and facts and in its discretion may permit
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 for
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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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