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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 334   View pdf image (33K)
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334
good behavior. In case of inability of any of said Judges
to discharge their duties with efficiency by reason of continu-
ed sickness or of physical or mental infirmity, it shall be in
the power of the General Assembly, two-thirds of the mem-
bers of each bouse concurring, with the approval of the Gov-
ernor, to retire said Judge from office.
Sec. 4. Any Judge shall be removed from office by the
Governor on conviction in a Court of Law, of incompetency,
of willful neglect of duty, misbehavior in office, or any other
crime, or on impeachment according to this Constitution or
the laws of the State; or on the address of the General As-
sembly, two thirds of each House concurring in such ad-
dress, and the accused having been notified of the charges
against him, and having had opportunity of making his de-
fence.
Sec. 5. After the election for Judges to be held as above
mentioned, in case of the death, resignation, removal, or
other disqualification of any Judge, the Governor, by and
with the advice and consent of the Senate shall appoint a
person duly qualified to fill said office, who shall hold the
same until the next general election for members of the Gen-
eral Assembly, when a successor shall be elected whose ten-
ure of office shall be during good behavior.
Sec. 6. All Judges shall, by virtue of their offices, be con-
servators of the peace throughout the State, and no fees or
perquisites, commission or reward of any kind shall be allow-
ed to any Judge in this State, besides his annual salary, for
the discharge of any judicial duty.
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 such degrees as
now are, or may hereafter be, prescribed by law, or where he
shall have been of counsel in the case.
Sec, 8. The parties to any cause may submit the same to
the court for determination without the aid of a jury; and
the Judge or Judges of any Court of this State, except the
Court of Appeals, shall order and direct the record of pro-
ceedings in any suit or action, issue or petition, presentment or
indictment pending in such Court, to be transmitted to some
other Court having jurisdiction in such cases, whenever any
party to such cause, or the counsel of any party, shall make
it satisfactorily appear to the Court, by affidavit or other
proper evidence, that the party cannot have a fair and im-
partial trial in the Court in which suit or action, issue or pe-
tition, presentment or indictment is pending; and the Gen-
eral Assembly shall make such modifications of existing law
as may be necessary to regulate and give force to this provi-
sion.


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 334   View pdf image (33K)
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