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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 530   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS

fifteen years from the time of his elec-
tion, and until his successor is elected
and qualified, 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; but
in case of any Judge, who shall attain
the age of seventy years whilst in office,
such Judge may be continued in office by
the General Assembly for such further
time as they may think fit, not to exceed
the term for which he was elected, by a
Resolution to be passed at the session
next preceding his attaining said age.
In case of the inability of any of said
Judges to discharge his duties with
efficiency, by reason of continued sick-
ness, or of physical or mental infirmity,
it shall be in the power of the General
Assembly, two-thirds of the members of
each House concurring, with the ap-
proval of the Governor, to retire said
Judge from office. Sec. 4". Any Judge shall be removed
from office by the Governor, on con-
viction in a Court of Law, of incom-
petency, of wilful neglect of duty,
misbehaviour 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
Assembly, two-thirds of each House con-
curring in such address, and the accused
having been notified of the charges
against him, and having had opportu-
nity of making his defence. Sec. 5. After the election for Judges,
to be held as above mentioned, upon the
expiration of the term, or in case of the
death, resignation, removal, or other dis-
qualification of any Judge, the Governor
shall appoint a person duly qualified to
fill said office, who shall hold the same
until the next general election for mem-
bers of the General Assembly, when a
530

successor shall be elected, whose tenure
of office shall be the same, as hereinbefore
provided; but if the vacancy shall occur
in the city of Baltimore, the time of
election shall be the fourth Wednesday
in October following. 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, 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 deter-
mination, 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 proceed-
ings in any suit, or action, issue, or
petition, presentment, or indictment,
pending in such Court, to be transmitted
to some other Court, (and of a different
Circuit, if the party applying shall so
elect,) having jurisdiction in such cases,
whenever any party to such cause, or
the counsel of any party, shall make a
suggestion, in writing, supported by the
affidavit of such party, or his counsel,
or other proper evidence, that the party
cannot have a fair or impartial trial in
the Court, in which such suit, or acton,
issue, or petition, presentment, or indict-
ment is pending, or when the Judges of
said Court shall be disqualified, under
the provisions of this Constitution, to sit
in any such suit, action, issue or petition,
presentment, or indictment; and the
General Assembly shall make such modi-

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 530   View pdf image (33K)
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