CONSTITUTIONAL CONVENTION OF MARYLAND

	CONSTITUTION OF 1867	PROPOSED CONSTITUTION OF 1968
	cause therefor as aforesaid, it shall recom-
	mend to the General Assembly the removal
	or retirement, as the case may be, of the
	judge.
	(b) The General Assembly shall review	Section 5.29. Removal by Court of Appeals
	the record of the proceedings on the law	Upon recommendation of the Commission
	and facts and in its discretion may permit	on Judicial Disabilities that a judge be re-
	the introduction of additional evidence and	moved from office, the Court of Appeals, af-
	by a joint resolution passed by a two-thirds	ter a hearing and upon a finding of
	vote of the members elected in each House	misconduct while in office, or of persistent
	thereof, shall order removal or retirement,	failure to perform the duties of his office, or
	as it finds just and proper, or wholly reject	of conduct prejudicial to the proper adminis-
	the recommendation. Upon an order for	tration of justice, may remove the judge
	retirement, the judge shall thereby be re-	from office or may censure him. A judge re-
	tired with the rights and privileges provided	moved under this section, and his surviving
	by Law. Upon an order of removal, the	spouse, shall have the rights and privileges
	judge shall thereby be removed from office,	accruing from his judicial service only to the
	his salary shall cease from the date of such	extent prescribed by the order of removal.
	order, and neither he nor his widow, upon	No judge shall sit in judgment in any hear-
	his death, shall receive any benefits, pension,	ing involving his own removal.
	or retirement allowance accruing from ju-
	dicial service.
	(c) All papers filed with and proceedings	Section 5.27. Powers of Commission on Ju-
	before the Commission on Judicial Dis-	dicial Disabilities.
	abilities, pursuant to this section shall be	The Commission on Judicial Disabilities
	confidential, and the filing of papers with and the giving of testimony before the Commission shall be privileged. No other publication of such papers or proceedings	shall have the power to investigate com- plaints against any judge, to conduct hear- ings concerning the removal or retirement of a judge, to administer oaths and affirmations,
	shall be privileged in any action for def- amation except that (a) the record filed by the Commission in the General Assembly continues to be privileged and upon such filing loses its confidential character and (b) a writing which was privileged prior to its filing with the Commission does not lose such privilege by such filing. The Commission and the General Assembly shall have the power to issue and enforce process to compel the attendance of witnesses and the production of evidence. The General Assembly shall by statute provide for pro- cedure under this section before the Com- mission on Judicial Disabilities and by rule shall provide for procedure under this sec-	to issue process to compel the attendance of witnesses and the production of evidence, and to require persons to testify and produce evidence by granting them immunity from prosecution or from penalty or forfeiture. The Commission shall have the power to recommend to the Court of Appeals the re- moval or retirement of a judge. All proceed- ings, testimony, and evidence before the Com- mission shall be confidential and privileged, except that the record of any proceeding filed with the Court of Appeals shall lose its confidential character. The Court of Appeals shall prescribe by rule the means to imple- ment and enforce the powers of the Commis- sion,
	tion in the General Assembly. A judge who
	is a member of the Commission shall not	See Section 5.29, Removal by Court of Ap-
	participate in any proceedings involving his	peals, p. 50.
	own removal or retirement, and the Gov-
	ernor shall appoint a substitute member of
	the Commission for the purpose of said
	particular proceedings.
	(d) This section is alternative to, and
	cumulative with, the methods of retirement
	and removal provided in Sections 3 and 4
	of this Article, and in Section 26 of Article
	III of this Constitution.

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