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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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Sec. 5. Upon every occurrence or re-
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See Section 5.15, Nomination and Appoint-
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currence of a vacancy through death, resig-
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ment, p. 16.
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nation, removal, disqualification by reason
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of age or otherwise, or expiration of the
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Section 5.22. Judicial Term of Office.
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term of fifteen years of any judge, or crea-
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The continuance in office of each judge
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tion of the office of any judge, or in any
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shall be subject to approval or rejection at
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other way, the Governor shall appoint a
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the next general election following the expi-
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person duly qualified to fill said office, who
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ration of two years from the date of the oc-
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shall hold the same until the election and
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currence of the vacancy to which he was
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qualification of his successor; except that
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appointed and at the general election every
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when a vacancy shall exist in the office of
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eight years thereafter. The continuance in
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Chief Judge of the Supreme Bench of
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office of each judge of the Court of Appeals
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Baltimore City, the Governor may designate
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and of the Intermediate Appellate Court
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an Associate Judge of said Supreme Bench
as Chief Judge of said Supreme Bench,
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shall be subject to approval or rejection by
the voters of the entire State. The continu-
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and such appointee as Chief Judge shall
hold such office for the residue of the term
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ance in office of each judge of the Superior
Court and of the District Court shall be sub-
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for which he was last elected an Associate
Judge of said Supreme Bench. His succes-
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ject to approval or rejection by the voters of
the county or the district in which the office
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sor shall be elected at the first biennial
general election for Representatives in
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then exists. The Court of Appeals shall pre-
scribe by rule for a poll by secret ballot of
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Congress after the expiration of the term
of fifteen years (if the vacancy occurred
in that way) or the first such general
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the lawyers of the area in which a judge
stands for election regarding the desirability
of his continuance in office. The Court of
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election after one year after the occurrence
of the vacancy in any other way than
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Appeals shall prescribe by rule for publica-
tion of the results of the poll. If the voters
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through expiration of such term. Except in
case of reappointment of a judge upon
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reject the continuance in office of a judge
the office shall be vacant.
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expiration of his term of fifteen years, no
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person shall be appointed who will become
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disqualified by reason of age and thereby
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unable to continue to hold office until the
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prescribed time when his successor would
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have been elected.
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Sec. 6. All Judges shall, by virtue of
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Section 5.24. Judicial Compensation.
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their offices, be Conservators of the Peace
throughout the State; and no fees, or per-
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Each judge shall be compensated solely by
the State for his judicial service. The com-
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quisites, commission, or reward of any
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pensation of a judge shall not be reduced
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kind; shall be allowed to any Judge in this
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during his continuance in office. Judges of
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State, besides his annual salary, for the
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the same court shall be paid the same com-
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discharge of any Judicial duty.
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pensation, including any pension based upon
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length of service, except that a uniform re-
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duction in compensation may be made appli-
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cable to all judges of the same court
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appointed after the effective date of the re-
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duction. A pension payable to a retired
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judge or to his surviving spouse, or to the
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surviving spouse of a deceased judge, pur-
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suant to provisions in effect during his con-
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tinuance in office, shall not be reduced.
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See also Section 535, Restriction of Non-
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Judicial Activities, p. 6.
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Sec. 7. No Judge shall sit in any case
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wherein he may be interested, or where
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either of the parties may be connected with
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him, by affinity or consanguinity, within
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