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Volume 664, Page 59   View pdf image (33K)
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COMPARISON OF CONSTITUTIONS

CONSTITUTION OF 1867

PROPOSED CONSTITUTION OF 1968

The several judges of the Circuit Court


for Montgomery County on and after the


Tuesday next after the first Monday in


November, nineteen hundred and sixty-six,


shall each, alternately and in rotation and


on schedules to be established by the said


judges, sit as an Orphan's Court for said


County, and shall have and exercise all


the power, authority and jurisdiction which


the present Orphans' Courts now have and


exercise, or which may hereafter be pre-


scribed by law.


Sec. 21. From and after January 1, 1955,

See Section 522, Judicial Term of Office, p.

there shall be in the third, fourth, fifth,

51.

sixth and seventh circuits at least one judge
for each county, who shall be a resident of

Section 5.09. Composition.

the county in which he shall hold office,

The Superior Court shall consist of the

and who shall be elected by the voters

number of judges prescribed by law. The

thereof, to be styled judges of the Circuit
Court, to be elected or appointed as herein

number shall be allocated among the coun-
ties by law. At least one superior court judge

provided. The number of judges for any

shall reside in each county. Functional divi-

of the circuits or for any of the counties,

sions of the Superior Court may be estab-

may be increased or decreased by the

lished in any county.

General Assembly from time to time, and


any vacancy so created shall be filled as


provided in Section 5 of this Article except


that in the third, fourth, fifth, sixth, and


seventh judicial circuits there shall never be


less than one judge for each county and


in all of the circuits there shall never be less


than four for each circuit. The senior judge


in length of service shall be the chief judge


of the circuit; the other judge or judges


shall be associate judges. In the first and


second judicial circuits no two of said


judges of the Circuit Court shall at the time


of their election or appointment, or during


the term for which they may have been


elected or appointed, reside in any one


county, except in Cecil County wherein two


said judges may reside at one time provided


that each of the other counties within the


second judicial circuit shall have at least one


judge resident therein. In the first and


second judicial circuits, in case any candi-


date or candidates for judge at any


election shall receive sufficient votes to


cause such candidate or candidates to be


declared elected, but the election of such


candidate or candidates would cause more


judges than herein permitted to reside in


any county of the circuit, then and in that


event there shall be declared elected only


that candidate or those candidates residing


in said county, in the order of the votes


received, whose election would provide the


permitted number of judges from said


59


 

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