CONSTITUTIONAL REVISION STUDY DOCUMENTS [JUDICIAL BRANCH] COMPARISON
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Headnotes
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Present
Constitution
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Constitution of
1867
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Constitution of
1864
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Constitution of
1851
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Constitution of
1776
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Amendments to
1776 Constitution
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term of the particular office
is for not less than four
years, (including a judge
holding office on the date of
adoption of this Amend-
ment) may, in accordance
with the procedure de-
scribed in this section, be
removed for misconduct in
office, persistent failure to
perform the duties of his
office or conduct which shall
prejudice the proper ad-
ministration of justice, or
may be retired for disabil-
ity seriously interfering with
the performance of his du-
ties, which is, or is likely
to become, of a permanent
character. The Commission
may, after such investiga-
tion as it deems necessary,
order a hearing to be held
before it concerning the
removal or retirement of a
judge. If, after hearing,
the Commission finds good
cause therefor as aforesaid,
it shall recommend to the
General Assembly the re-
moval or retirement, as the
case may be, of the judge.
(b) The General As-
sembly shall review the rec-
ord of the proceedings on
the law and facts and in its
discretion may permit the
introduction of additional
evidence and by a joint
resolution passed by a two-
thirds vote of the members
elected in each House
thereof, shall order removal
or retirement, as it finds
just and proper, or wholly
reject the recommendation.
Upon an order for retire-
ment, the judge shall there-
by be retired with the rights
and privileges provided by
Law. Upon an order of re-
moval, the judge shall
thereby be removed from
office, his salary shall cease
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872
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873
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