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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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The several judges of the Circuit Court
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for Montgomery County on and after the
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Tuesday next after the first Monday in
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November, nineteen hundred and sixty-six,
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shall each, alternately and in rotation and
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on schedules to be established by the said
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judges, sit as an Orphan's Court for said
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County, and shall have and exercise all
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the power, authority and jurisdiction which
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the present Orphans' Courts now have and
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exercise, or which may hereafter be pre-
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scribed by law.
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Sec. 21. From and after January 1, 1955,
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See Section 522, Judicial Term of Office, p.
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there shall be in the third, fourth, fifth,
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51.
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sixth and seventh circuits at least one judge
for each county, who shall be a resident of
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Section 5.09. Composition.
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the county in which he shall hold office,
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The Superior Court shall consist of the
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and who shall be elected by the voters
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number of judges prescribed by law. The
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thereof, to be styled judges of the Circuit
Court, to be elected or appointed as herein
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number shall be allocated among the coun-
ties by law. At least one superior court judge
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provided. The number of judges for any
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shall reside in each county. Functional divi-
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of the circuits or for any of the counties,
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sions of the Superior Court may be estab-
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may be increased or decreased by the
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lished in any county.
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General Assembly from time to time, and
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any vacancy so created shall be filled as
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provided in Section 5 of this Article except
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that in the third, fourth, fifth, sixth, and
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seventh judicial circuits there shall never be
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less than one judge for each county and
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in all of the circuits there shall never be less
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than four for each circuit. The senior judge
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in length of service shall be the chief judge
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of the circuit; the other judge or judges
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shall be associate judges. In the first and
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second judicial circuits no two of said
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judges of the Circuit Court shall at the time
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of their election or appointment, or during
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the term for which they may have been
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elected or appointed, reside in any one
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county, except in Cecil County wherein two
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said judges may reside at one time provided
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that each of the other counties within the
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second judicial circuit shall have at least one
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judge resident therein. In the first and
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second judicial circuits, in case any candi-
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date or candidates for judge at any
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election shall receive sufficient votes to
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cause such candidate or candidates to be
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declared elected, but the election of such
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candidate or candidates would cause more
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judges than herein permitted to reside in
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any county of the circuit, then and in that
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event there shall be declared elected only
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that candidate or those candidates residing
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in said county, in the order of the votes
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received, whose election would provide the
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permitted number of judges from said
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