3268                                       EXECUTIVE ORDERS

the official agency for purposes of Public Law
94-103 shall continue unless amended, altered, or
withdrawn by subsequent Executive Order.

EXECUTIVE ORDER OF OCTOBER 4, 1977

01.01.1977.08
JUDICIAL NOMINATING COMMISSIONS

WHEREAS, By Executive Order 01.01.1974.23, dated December
18, 1974, Governor Marvin Mandel rescinded two previous
Executive Orders and created the Appellate Judicial
Nominating Commission and the Trial Court Judicial
Nominating Commissions for the purpose of recommending
to the Governor the names of persons for appointment to
the appellate courts and trial courts of Maryland, and
provided for the composition and general functions and
procedures of the Commissions; and

WHEREAS, This Executive Order requires that a list
containing a certain minimum and maximum number of
names or nominees be submitted to the Governor by the
appropriate Nominating Commission for each vacancy
which occurs on an Appellate Court or a Trial Court,
from which list the Governor voluntarily has bound
himself to select a person to fill the judicial office;
and

WHEREAS, The Order further authorizes a Nominating
Commission to recommend fewer than the minimum number
of names under certain conditions, including the
situation in which a Commission concludes that there
are less than the minimum number of persons willing to
accept appointment who are legally and fully
professionally qualified; and

WHEREAS, Although the Order, in establishing the required
minimum number of names to be submitted for a
particular judicial vacancy, takes into account such
factors as the nature of the judicial office to be
filled and the number of lawyers in the County, the
Order authorizes each Commission to submit in some
instances as few as two names for a judicial vacancy,
regardless of the nature of the judicial office to be
filled or the number of lawyers in the County
represented by the office, and without the prior
approval of the Governor; and

WHEREAS, This exception to the general rule of a required

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