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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3202   View pdf image (33K)
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3202 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 4]

courts will come into effect. There will be
new district courts appointed in those coun-
ties which do not have full-time judges and
these district court judges will have the
qualifications set up in the new constitution.

Section 24 relates to judicial qualifica-
tions and provides that the judicial qualifi-
cations in the new constitution shall not
apply except in the Court of Appeals, In-
termediate Appellate Court, and Superior
Court. In other words, the new judicial
qualifications will not apply on the district
level until the district court comes into ex-
istence on January 1, 1970.

Section 25 relates to filling vacancies in
Court of Appeals, Intermediate Appellate
Court or Superior Court.

Sections 5.15 and 5.21 relate to the nom-
inating commissions. We suspend the op-
erating effect of the nominating commis-
sions until July 1, 1969. The reason for
that is that the machinery establishing the
nominating commissions requires one year
to become effective. Then we provide that
prior to the time that the nominating com-
missions go into effect, vacancies in the
three highest tiers will be filled by the
governor.

In section 26, filling vacancies in courts
of limited jurisdiction, we provide that
prior to January 1, 1970, which is when
the district courts come into effect, the
full-time courts in Baltimore City and in
the People's Courts in Anne Arundel, Cecil,
Montgomery, Prince George's, and Wicom-
ico will be filled by judges by appointment.
The persons who fill those vacancies have
to fill the requirements in the new con-
stitution.

Note the next to the last sentence, "Each
person so appointed shall be subject to
continuance in office by the procedures and
for the term prescribed by section 5.22 of
this constitution."

In other words, the six-year term goes
into effect as to these appointments "prior
to January 1, 1970," and "any vacancy
occurring for any reason in the office of
judge of any other People's Court, Mu-
nicipal Court or the Housing Court of Bal-
timore County, or the office of any substi-
tute or part-time People's Court judge in
any county or in the office of justice of the
peace shall be filled by the governor by
appointment of a person qualified to fill
such office under the law creating the office
or under Section 5.14 of this Constitution,"
but these appointments expire December 1,
1969, when the new District Courts come
into effect.

Section 27 relates to the full-time judges
and provides — the second sentence is the
gist of it — that these judges in the Court
of Appeals and other full-time judges that
are required to stand for retention in office
in November of 1968 shall do so for eight-
year terms and subject to the conditions
of the new constitution, that is, in the
elections of November of 1968.

Section 28 pertains to the election of
judges who are continued in office and it
makes provision for their standing for elec-
tion at the next general election.

Section 29 means after they have com-
pleted their regular term.

Section 29 relates to judicial retirement
and provides that the judicial retirement
section does not apply to the Orphans'
Court or to the part-time judges in the
People's Court.

Section 30 relates to judicial compensa-
tion and provides that the part-time judges
are not entitled to the same judicial com-
pensation as the full-time judges. That is
the reference except for the second to the
last sentence. The second to the last sen-
tence is that the compensation shall not be
reduced while they are in office. That holds.
The last sentence provides that their pen-
sion shall not be reduced. That still holds.
As to uniformity of compensation, the part-
time judges are not entitled to it.

Section 31 just makes it clear that the
restriction on non-judicial activities does
not apply to judges of the Orphans' Courts
and other part-time judges.

Section 32 holds off the Commission on
Judicial Disabilities, and does not go into
effect until this commission comes into
effect.

Section 33 provides that the Circuit
Court in Baltimore City and the clerk for
the Circuit Court of the county shall be-
come the clerk of the superior court of the
county, and in the case of Baltimore City
they will become the superior court of Bal-
timore City. This transfers the function of
clerk over to the new courts.

Section 34, Register of Wills, provides
that the office of register of wills termi-
nates on January 1, 1971, as a constitu-
tional office. Of course, it could be con-
tinued as a legislative office. Such continu-
ation is not inconsistent with the new court
setup, and, of course, we have continued the
present force of the Constitution with re-
gard to registers of wills until the date of
January 1, 1971. In other words, that date



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3202   View pdf image (33K)
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