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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 867   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS [JUDICIAL BRANCH]
COMPARISON
Headnotes Present
Constitution
Constitution of
1867
Constitution of
1864
Constitution of
1851
Constitution of
1776
Amendments to
1776 Constitution

 
 

 
 

 
 

 
 

county seat within the lim-
its of the said county proper
and the erection of a court
house and all other appro
priate buildings, for the
convenient administration of
justice in said court. Sec. 24. The first elec-
tion of Judges, Clerks, Reg-
isters of Wills, and all other
officers, whose election by
the people is provided for
in this article of the Con-
stitution, except justices of
the peace and constables,
shall take place throughout
the State on the first
Wednesday of November
next after the ratification of
this Constitution by the peo-
ple.

 
 

 
 

Judges: Removal.
Sec. 4. Any Judge shall
be removed from office by
the Governor, on convic-
tion in a Court of Law, of
incompetency, of wilful neg-
lect of duty, misbehavior in
office, or any other crime,
or on impeachment, accord-
ing to this Constitution, or
the Laws of the State; or
on the address of the Gen-
eral Assembly, two-thirds of
each House concurring in
such address, and the ac-
cused having been notified
of the charges against him,
and having had opportunity
of making his defence.
Sec. 4. Any Judge shall
be removed from office by
the Governor, on conviction
in a Court of Law, of in-
competency, of willful neg-
lect of duty, misbehavior
in office, or any other crime,
or on impeachment, accord-
ing to this Constitution, 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
having had opportunity or
making his defence.
Sec. 4. Any Judge shall
be removed from office by
the Governor on conviction
in a court of law, of in-
competency, of willful neg-
lect of duty, misbehavior in
office, or any other crime;
or on impeachment accord-
ing to this Constitution, 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. 9. The judges of the
several judicial circuits shall
be citizens of the United
States, and shall have re-
sided five years in this State,
and two years in the ju-
dicial circuit for which they
may be respectively elected,
next before the time of
their election, and shall re-
side therein while they con-
tinue to act as judges; they
shall be taken from among
those who having the other
qualifications herein pre-
scribed, are most distin-
guished for integrity, wis-
dom and sound legal knowl-
edge, and shall be elected
by the qualified voters of
the said circuits, and shall
hold their offices for the
term of ten years, remov-
able for misbehaviour, on
conviction in a court of law
or by the Governor, upon
he address of the General
Assembly, provided that
two-thirds of the members
of each House shall concur
in such address, and the
aid judges shall each re-

Declaration of Rights,
art. 30. That the indepen-
dency and uprightness of
judges are essential to the
impartial administration of
justice, and a great security
to the rights and liberties
of the people; wherefore
the chancellor and all
judges ought to hold com-
missions during good be-
haviour, and the said chan-
cellor and judges shall be
removed for misbehaviour
on conviction in a court of
law, and may be removed
by the governor upon the
address of the general as-
sembly, provided that two
thirds of all the members
of each house concur in
such address. That salaries
liberal but not profuse ought
to be secured to the chan-
cellor and the judges dur-
ing the continuance of their
commissions, in such man-
ner and at such time as the
legislature shall hereafter
direct upon consideration of
the circumstances of this
State. No chancellor or

 
 

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 867   View pdf image (33K)
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