|
Judicial vacan-
cies : Procedure
for filling.
|
Sec. 5. Upon every oc-
currence or recurrence of a
vacancy through death,
resignation, removal, dis-
qualification by reason of
age or otherwise, or expir-
ation of the term of fifteen
years of any judge, or crea-
tion of the office of any
judge, or in any other way,
the Governor shall appoint
a person duly qualified to
fill said office, who shall
hold the same until the elec-
tion and qualification of his
successor; except that when
a vacancy shall exist in the
office of Chief Judge of the
Supreme Bench of Baltimore
City, the Governor may
designate an Associate
Judge of said Supreme
Bench as Chief Judge of
said Supreme Bench, and
such appointee as Chief
Judge shall hold such office
for the residue of the term
for which he was last elected
an Associate Judge of said
Supreme Bench. His succes-
sor shall be elected at the
first biennial general elec-
tion for Representatives in
Congress after the expira-
tion of the term of fifteen
years (if the vacancy oc-
curred in that way) or the
first such general election
after one year after the oc-
currence of the vacancy in
any other way than through
expiration of such term. Ex-
cept in case of reappoint-
ment of a judge upon ex-
piration of his term of fif-
|
Sec. 5. After the elec-
tion for Judges, to be held
as above mentioned, upon
the expiration of the term,
or in case of the death,
resignation, removal, or
other disqualification of any
Judge, the Governor shall
appoint a person duly quali-
fied to fill said office, who
shall hold the same until
the next general election
for members of the General
Assembly, when a succes-
sor shall be elected, whose
tenure of office shall be the
same, as hereinbefore pro-
vided; but if the vacancy
shall occur in the city of
Baltimore, the time of elec-
tion shall be the fourth
Wednesday in October fol-
lowing.
|
Sec. 5. In case of the
death, resignation, removal,
or other disqualification of
a Judge of any Court of
this State, except of the
Orphans' Courts, the Gov-
ernor, by and with the
advice and consent of the
Senate, shall thereupon ap-
point a person duly quali-
fied to fill said office until
the next general election
thereafter, whether for
Members of the General As-
sembly 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 quali-
fication of his successor.
|
Sec. 25. In case of the
death, resignation, removal,
or other disqualification of
a judge of any of the courts
of law, 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 for delegates there-
after; at which time an
election shall be held as
hereinbefore prescribed, for
a judge, who shall hold the
said office for ten years,
according to the provisions
of this Constitution.
|
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
judge ought to hold any
other office civil or military,
or receive fees or perqui-
sites of any kind.
|
Proposed by Act of 1840,
chapter 230. Ratified 1841.
Sec. 3. The provisions of
the fourteenth and fifteenth
sections of the Act of De-
cember session of the year
eighteen hundred and thirty
six, Chapter 197, be and
the same are hereby de-
clared to extend to the
offices of the Judges of the
several Judicial districts of
this State, and to all other
offices of this State known
to the Constitution, con-
cerning the appointment of
which no other mode shall
have been or may here-
after be provided, so as to
authorize the Governor to
nominate, and by and with
the advice and consent of
the Senate to appoint, to
said offices, in case of va-
cancies occurring therein;
and to fill any vacancies
that may occur during the
recess of the Senate, by
granting commissions, which
shall expire on the appoint-
ment of the same person, or
of any other person, by and
with the advice and con-
sent of the Senate, to the
said offices, or at the ex-
piration of one calendar
month ensuing the com-
mencement of the next reg-
ular session of the Senate
whichever shall first occur.
|
