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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3205   View pdf image (33K)
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[Jan. 4] DEBATES 3205

Section 12 continues the constitutional
provision with regard to vacancies in the
office of the state's attorneys.

Section 13 continues the constitutional
provisions with regard to treasurer and
comptroller until the new comptroller goes
into office on January G, 1971, with his new
duties.

Section 14 is a conforming provision
with regard to the Board of Public Works
and the Board of Review which provides
that the Board of Public Works will con-
tinue until its functions are taken over by
the Board of Review.

Section 15 and thereafter deal with the
judicial branch. Section 15 is a provision
copied right out of the present Constitu-
tion, providing that courts created by our
constitution are courts of record and have
a seal.

Section 16 is a provision to make it clear
that references in the constitution to the
Court of Appeals will mean the Court of
Appeals under the new constitution, and so
forth. This is just technical.

Section 17 continues the appellate cir-
cuits set up in the old Constitution.

Section 18 is a conforming reference to
judicial circuits.

Section 19 continues a constitutional pro-
vision with regard to the Superior Court in
Baltimore City.

Section 20 is a constitutional provision
with the duties of the clerk of the Superior
Court in Baltimore City.

Now, section 21, and I think this is a
very important section if you will give me
your attention, is taken from amendment
measure of the Legislative Council and sets
out salaries which will be proposed across
the board for the four-tier court system.
I hope you will take a close look at that.

Section 22 is the same Legislative Coun-
cil proposal with regard to judicial pen-
sions. Also, it is an attempt to set in a
dollar amount with respect to these pen-
sions. There is not contemplated any basic
change in what we expect to exist this
year.

Section 23 is the present law with re-
gard to pensions of spouses of judges.

Section 24 covers a judge who will retire
prior to the effective date of the old Con-
stitution and continues his pension by ex-
press legislation.

Section 25, I think, is self explanatory.
It deals with the terms of the initial mem-
bers of the commission on initial disabili-
ties. You will remember those were to be
stacked or to be set up in staggered terms.

Section 26 continues the People's Court
of Baltimore City because it was a consti-
tutional court in the old Constitution.

Section 27 is the same for the Municipal
Court of Baltimore City.

Section 28 continues the old Constitution
with regard to the old court dockets and
files.

Section 29 continues with regard to va-
cancies in the Orphans' Court.

Now, if you will give me your attention
on local government, we have here some
very important provisions.

In section 30, there is a discrepancy be-
tween the blue sheets and the white memo-
randum. If you will take a look over at the
white memorandum you will see that the
references are section 28, section 29, and
so forth, page 28 of the white memoran-
dum. On that page, page 28, where it says
section 28, change that to section 30.

Change section 29 to section 31.
Change section 30 to section 32.
Change section 31, to section 33.
Change section 32 to 34.
And change 33 to 35.

That is on the white memorandum. In
other words, they are all two numbers off.

Now, I want to point out in section 30,
we have set out a suggested way in which
counties can adopt a charter. Old Article
HA of the prior Constitution had a very,
very complicated and time - consuming
method pursuant to which counties could
adopt a charter. You should read section
30 very carefully because it provides that
the Board of County Commissioners may
appoint a charter board and if this charter
board comes in with a charter, this charter
is put before the people. I think it is a good
amendment to provide that this charter
board can be supplemented by proposals
from the public by referendum, and I think
you will see that at the time. Our purpose
here, however, is to have legislation on the
books on July 1, 1978, pursuant to which
charter boards can be created, and in this
section we would expect and hope that the
several counties that do not now have
charters would immediately commence a
procedure to get a charter.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3205   View pdf image (33K)
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