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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 464   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS
ARTICLE IV.
JUDICIARY DEPARTMENT.

PART l.-GENERAL PROVISIONS.

Section 1. The Judicial power of this
State shall be vested in a Court of
Appeals, Circuit Courts, Orphans'
Courts, such Courts for the City of
Baltimore as may be hereinafter pre-
scribed or provided for, and Justices of
the Peace; all said Courts shall be Courts
of Record, and each shall have a seal,
to be used in the authentication of all
process issuing from them. The process
and official character of Justices of the
Peace shall be authenticated as hath
heretofore been practised in this State,
or may hereafter be prescribed by law. Sec. 2. The Judges of the several
Courts, except the Judges of the
Orphans' Courts, shall be citizens of the
United States, and residents of this
State, not less than five years next
preceeding their election, or appoint-
ment by the Executive in case of a
vacancy; and not less than one year next
preceding their election or appointment,
residents in the Judicial District or Cir-
cuit, as the case may be, for which they
may be elected or appointed; they shall
be not less than thirty years of age at the
time of their election and selected from
those who have been admitted to prac-
tice law in this State, and who are most
distinguished for integrity, wisdom and
sound legal knowledge. Sec. 3. The Judges of the Court of
Appeals shall be elected by the qualified
voters of the State; and the Governor, by
and with the advice and consent of the
Senate, shall designate the Chief Justice;
and the Judges of the Judicial Circuits
shall be elected by the qualified voters
of their respective Circuits; each Judge
of the Court of Appeals and of each
Judicial Circuit shall hold his office for
464

the term of fifteen years, from the time
of his election, or until he shall have
attained the age of seventy years which-
ever may first happen, and be re-eligible
thereto until he shall have attained the
age of seventy years, and not after. Sec. 4. Any Judge shall be removed
from office by the Governor on convic-
tion in a court of law, of incompetency,
of willful neglect of duty, misbehavior in
office, or any other crime; or on im-
peachment according to this Constitu-
tion, or the laws of the State; or on the
address of the General Assembly, two-
thirds of each House concurring in such
address, and the accused having been
notified of the charges against him, and
had opportunity of making his defence. Sec. 5. In case of the death, resigna-
tion, removal, or other disqualification
of a Judge of any Court of this State,
except of the Orphans' Courts, the
Governor, by and with the advice and
consent of the Senate, shall thereupon
appoint a person duly qualified to fill
said office until the next general election
thereafter, whether for Members of the
General Assembly or County officers,
whichever shall first occur, at which time
an election shall be held as herein pre-
scribed for a Judge, who shall hold said
office for the term of fifteen years, and
until the election and qualification of
his successor. Sec. 6. All Judges shall, by virtue of
their offices, be conservators of the peace
throughout the State, and no fees or
perquisites, commission or reward of any
kind, shall be allowed to any Judge in
this State, besides his annual salary or
fixed per diem for the discharge of any
Judicial duty.

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 464   View pdf image (33K)
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