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Volume 664, Page 51   View pdf image (33K)
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COMPARISON OF CONSTITUTIONS

CONSTITUTION OF 1867

PROPOSED CONSTITUTION OF 1968

Sec. 5. Upon every occurrence or re-

See Section 5.15, Nomination and Appoint-

currence of a vacancy through death, resig-

ment, p. 16.

nation, removal, disqualification by reason


of age or otherwise, or expiration of the

Section 5.22. Judicial Term of Office.

term of fifteen years of any judge, or crea-

The continuance in office of each judge

tion of the office of any judge, or in any

shall be subject to approval or rejection at

other way, the Governor shall appoint a

the next general election following the expi-

person duly qualified to fill said office, who

ration of two years from the date of the oc-

shall hold the same until the election and

currence of the vacancy to which he was

qualification of his successor; except that

appointed and at the general election every

when a vacancy shall exist in the office of

eight years thereafter. The continuance in

Chief Judge of the Supreme Bench of

office of each judge of the Court of Appeals

Baltimore City, the Governor may designate

and of the Intermediate Appellate Court

an Associate Judge of said Supreme Bench
as Chief Judge of said Supreme Bench,

shall be subject to approval or rejection by
the voters of the entire State. The continu-

and such appointee as Chief Judge shall
hold such office for the residue of the term

ance in office of each judge of the Superior
Court and of the District Court shall be sub-

for which he was last elected an Associate
Judge of said Supreme Bench. His succes-

ject to approval or rejection by the voters of
the county or the district in which the office

sor shall be elected at the first biennial
general election for Representatives in

then exists. The Court of Appeals shall pre-
scribe by rule for a poll by secret ballot of

Congress after the expiration of the term
of fifteen years (if the vacancy occurred
in that way) or the first such general

the lawyers of the area in which a judge
stands for election regarding the desirability
of his continuance in office. The Court of

election after one year after the occurrence
of the vacancy in any other way than

Appeals shall prescribe by rule for publica-
tion of the results of the poll. If the voters

through expiration of such term. Except in
case of reappointment of a judge upon

reject the continuance in office of a judge
the office shall be vacant.

expiration of his term of fifteen years, no


person shall be appointed who will become


disqualified by reason of age and thereby


unable to continue to hold office until the


prescribed time when his successor would


have been elected.


Sec. 6. All Judges shall, by virtue of

Section 5.24. Judicial Compensation.

their offices, be Conservators of the Peace
throughout the State; and no fees, or per-

Each judge shall be compensated solely by
the State for his judicial service. The com-

quisites, commission, or reward of any

pensation of a judge shall not be reduced

kind; shall be allowed to any Judge in this

during his continuance in office. Judges of

State, besides his annual salary, for the

the same court shall be paid the same com-

discharge of any Judicial duty.

pensation, including any pension based upon


length of service, except that a uniform re-


duction in compensation may be made appli-


cable to all judges of the same court


appointed after the effective date of the re-


duction. A pension payable to a retired


judge or to his surviving spouse, or to the


surviving spouse of a deceased judge, pur-


suant to provisions in effect during his con-


tinuance in office, shall not be reduced.


See also Section 535, Restriction of Non-


Judicial Activities, p. 6.

Sec. 7. No Judge shall sit in any case


wherein he may be interested, or where


either of the parties may be connected with


him, by affinity or consanguinity, within


51


 

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