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In addition to his duties as custodian of

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the monies of the State of Maryland, he sits on the Board

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of Public Works, and there performs executive functions,

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yet he is appointed by the legislative branch, so in that

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instance there is no separation of powers. There is a

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mixture.

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The Maryland Tax Court is supposed to be a

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branch in the executive branch, but in fact it performs

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judicial functions. It decides cases just like any other

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court, except that they involve tax matters only.

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In the present constitution on which we are

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working right now, Section 540 of the judicial article

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provides that the chief judge of the court of appeals

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shall appoint a judge if the governor fails to do so.

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To me, that is part of the executive function, but yet it

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will be performed by the judicial branch.

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Section 531 of the constitution we are now

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working on gives the court of appeals and the General

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Assembly concurrent rule-making power. The court of

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appeals has the authority to adopt rules and so does

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the General Assembly. That is either legislative or