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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 891   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

 

 

business or because of the
indisposition or disqualifica-
tion of any judge. And any
judge so assigned by the
Court of Appeals shall have
all the power and author-
ity pertaining to the judge
of the court to which he is
assigned.

 

 

 

 

 

 

 

 

 

 

Appearance
before courts in
proper person.

 

 

 

 

Sec. 11. Every person
being a citizen of the United
States shall be permitted to
appear to and try his own
case in all the Courts of this
State.

Sec. 31. Every person of
good moral character, being
a voter, shall be admitted to
practice law in all the courts
of law in this State, in his
own case.

 

 

 

 

Court of Appeals:
Organization;
jurisdiction;
qualifications of
judge; term of
office; designa-
tion of Chief
Judge; place
and length of
session; salary:
quorum; con-
currence; and
reargument.

Part II. Court of Appeals.

Sec. 14. The Court of
Appeals shall be composed
of seven judges, one from
the First Appellate Judicial
Circuit consisting of Cecil,
Kent, Queen Anne's, Caro-
line, Talbot, Dorchester, Wi-
comico, Worcester and Som-
erset counties; one from the
Second Appellate Judicial
Circuit consisting of Balti-
more and Harford counties;
one from the Third Appel-
late Judicial Circuit, con-
sisting of Allegany, Fred-
erick, Garrett, Montgomery
and Washington counties;
one from the Fourth Ap-
pellate Judicial Circuit,
consisting of Prince
George's, Calvert, Charles
and St. Mary's counties; one
from the Fifth Appellate
Judicial Circuit, consisting
of Anne Arundel, Carroll,
and Howard counties; and
two from the Sixth Appel-
late Judicial Circuit con-
sisting of Baltimore City.
The Judges of the Court
of Appeals shall be resi-
dents of and be elected by
the qualified voters of their
respective Appellate Ju-
dicial Circuits. The term

Part II. Court of Appeals.

Sec. 14. The Court of
Appeals shall be composed
of the Chief Judges of the
first seven of the several
Judicial Circuits of the
State, and a Judge from the
City of Baltimore specially
elected thereto, one of whom
shall be designated by the
Governor, by and with the
advice and consent of the
Senate, as the Chief Judge:
and in all cases, until ac-
tion by the Senate can be
had, the Judge so desig-
nated by the Governor,
shall act as Chief Judge.
The Judge of the Court of
Appeals from the City of
Baltimore shall be elected
by the qualified voters of
said City, at the election of
Judges to be held therein,
as hereinbefore provided;
and in addition to his du-
ties, as Judge of the Court
of Appeals, shall perform
such other duties as the
General Assembly shall pre-
scribe. The jurisdiction of
said Court of Appeals shall
be co-extensive with the
limits of the State, and
such as now is, or may
hereafter be prescribed by

Part II. Court of Appeals.

Sec. 17. The Court of
Appeals shall consist of a
Chief Justice and four As-
sociate Justices, and for
their selection the State
shall be divided into five
Judicial Districts, as fol-
lows, viz: Worcester, Som-
erset, Dorchester, Talbot,
Caroline, Queen Anne, Kent
and Cecil Counties shall
compose the First District;
Harford and Baltimore
Counties, and the first seven
Wards of Baltimore city,
shall compose the Second
District; Baltimore city, ex-
cept the first seven Wards,
shall compose the Third
District; Allegany, Wash-
ington, Frederick, Howard
and Carroll Counties, shall
compose the Fourth Dis- *
trict; St. Mary's, Charles,
Anne Arundel, Calvert,
Prince George's and Mont-
gomery Counties, shall com-
pose the Fifth District, and
one of the Justices of the
Court of Appeals shall be
elected from each of said
districts, by the qualified
voters of the whole State.
The present Chief Justice
and Associate Justices of

Sec. 2. The Court of
Appeals shall have appellate
jurisdiction only, which
shall be co'-extensive with
the limits of the State. It
shall consist of a chief
justice and three associate
justices, any three of whom
shall form a quorum, whose
judgment shall be final and
conclusive in all cases of
appeals; and who shall have
the jurisdiction which the
present Court of Appeals
of this State now has, and
such other appellate juris-
diction as hereafter may be
provided for by law. And
in every case decided, an
opinion, in writing, shall be
filed, and provision shall be
made, by law, for publish-
ing, reports of cases argued
and determined in the said
court. The Governor, for
the time being, by and with
the advice and consent of
the Senate, shall designate
the chief justice, and the
Court of Appeals shall hold
its sessions at the city of
Annapolis, on the first Mon-
day of June, and the first
Monday of December, in
each and every year.

56. That there be a court
of appeals, composed of
persons of integrity and
sound judgment in the law,
whose judgment shall be
final and conclusive in all
cases of appeal, from the
general court, court of chan-
cery, and court of admir-
alty; That one person of
integrity and sound judg-
ment in the law, be ap-
pointed chancellor; That
three persons of integrity
and sound judgment in the
law, be appointed judges of
the court now called the
provincial court; and that
the same court be here-
after called and known by
the name of the general
court;
which court shall sit
on the western and eastern
shores for transacting and
determining the business of
the respective shores, at
such times and places as
the future legislature of this
State shall direct and ap-
point.

Proposed by Act of 1804,
chapter 55. Ratified 1805.

Sec. 5. There shall be
a Court of Appeals, and
the same shall be com-
posed of the Chief Judges
of the several Judicial Dis-
tricts of the State, which
said Court of Appeals shall
hold, use, and exercise, all
and singular the powers,
authorities and Jurisdic-
tions, heretofore held, used
and exercised by the Court
of Appeals of this State, and
also the appellate Jurisdic-
tion heretofore used and
exercised by the General
Court, and the said Court
of Appeals hereby estab-
lished shall sit on the West-
ern and Eastern Shores for
transacting and determin-
ing the business of the re-
spective Shores at such
times and places as the
future Legislature of this
State shall direct and ap-
point, and any three of the
said Judges of the Court
of Appeals shall form a
Quorum to hear and de-
cide in all cases pending in
said Court; and the Judge
who has given a decision
in any case in the County

890

 

 

 

 

 

 

 

 

 

 

891

 

 

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 891   View pdf image (33K)
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