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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 893   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

 

 

of each Judge of the Court
of Appeals shall begin on
the date of his qualification
except that each of the
judges of the Court of Ap-
peals in office at the time
this amendment to the Con-
stitution takes effect shall
continue to hold office for
the balance of the term for
which he was elected or
appointed or until he shall
have attained the age of
seventy years, whichever
may first happen. One of
the Judges of the Court of
Appeals shall be designated
by the Governor as the
Chief Judge. The jurisdic-
tion of the Court of Ap-
peals shall be co-extensive
with the limits of the State
and such as now is or may
hereafter be prescribed by
law. It shall hold its ses-
sions in the City of An-
napolis at such time or
times as it shall from time
to time by rule prescribe.
Its session or sessions shall
continue not less than ten
months in each year, if the
business before it shall so
require, and it shall be com-
petent for the judges tem-
porarily to transfer their
sittings elsewhere upon suf-
ficient cause. The salary
of each Judge of the Court
of Appeals shall be that
now or hereafter prescribed
by the General Assembly
and shall not be diminished
during his continuance in
office. Five of the judges
shall constitute a quorum,
and five judges shall sit in
each case unless the Court
shall direct that an addi-
tional judge or judges sit
for any case. The concur-
rence of a majority of those
sitting shall be sufficient
for the decision of any

Law. It shall hold its ses-
sions in the city of An-
napolis, on the first Monday
in April, and the first Mon-
day in October, of each and
every year, or at such other
times as the General As-
sembly may, by Law, direct.
Its sessions shall continue
not less than ten months in
the year, if the business
before it shall so require;
and it shall be competent
for the Judges, temporarily,
to transfer their sittings
elsewhere, upon sufficient
cause.

Sec. 15. Four of said
Judges shall constitute a
quorum; no cause shall be
decided without the con-
currence of at least three;
but the Judge who heard
the cause below, shall not
participate in the decision;
in every case an opinion,
in writing, shall be filed
within three months after
the argument, or submis-
sion of the cause; and the
judgment of the Court shall
be final and conclusive; and
all cases shall stand for
hearing at the first term
after the transmission of the
Record.

the Court of Appeals shall
continue to act as such until
the expiration of the term
for which they were re-
spectively elected, and until
their successors are elected
and qualified; and an elec-
tion for a Justice of the
Court of Appeals, to be
taken from the Fourth Ju-
dicial District, shall be held
on the Tuesday next after
the first Monday in the
month of November, eight-
een hundred and sixty-four.

Sec. 18. The Court of
Appeals shall hold its ses-
sions in the City of An-
napolis, on the first Monday
in April and the first Mon-
day of October, of each and
every year, or at such other
times as the General As-
sembly may by law direct,
and it shall be competent
for the Justices of said
Court, sufficient cause ap-
pearing to them, tempo-
rarily to transfer their sit-
tings elsewhere.

Sec. 19. The jurisdiction
of the Court of Appeals
shall be co-extensive with
the limits of the State, and
such as now is or may
hereafter be prescribed for
it by law, and its sessions
shall continue for not less
than ten months in the
year, if the business before
it shall so require.

Sec. 20. Any three of
the Justices of the Court of
Appeals may constitute a
quorum, but no cause shall
be decided without the con-
currence of at least three
Justices in the decision; and
in every case decided an
opinion in writing shall be
filed within three months

Sec. 4. The State shall
be divided into four Judicial
districts: Allegany, Wash-
ington, Frederick, Carroll,
Baltimore and Harford
counties, shall compose the
first; Montgomery, Howard,
Anne Arundel, Calvert, St.
Mary's, Charles and Prince
George's, the second; Balti-
more city, the third; and
Cecil, Kent Queen Anne's,
Talbot, Caroline, Dorchest-
er, Somerset and Worcester,
shall compose the fourth
district. And one person
from among those learned
in the law, having been
admitted to practice in this
State, and who shall have
been a citizen of this State
at least five years, and above
the age of thirty years at
the time of his election,
and a resident of the ju-
dicial district, shall be
elected from each of said
districts by the legal and
qualified voters therein, as
a judge of the said Court
of Appeals, who shall hold
his office for the term of
ten years from the time of
his election, 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, subject to removal
for incompetency, wilful
neglect of duty or misbe-
haviour in office, on con-
viction in a court of law,
?r by the Governor upon
the address of the General
Assembly, two-thirds of the
members of each House
concurring in such address;
and the salary of each of
the Judges of the Court of
Appeals shall be two thou-
sand five hundred dollars

 

 

Court shall withdraw from
the Bench upon the decid-
ing of the same case before
the Court of Appeals; and
the Judges of the Court of
Appeals may appoint the
Clerks of said Court for the
Western and Eastern Shores
respectively, who shall hold
their appointments during
good behavior, removable
only for misbehavior, on
conviction in a Court of
Law; and, in case of death,
resignation, disqualification
or removal out of the State,
or from their respective
Shores, of either of the said
Clerks in the vacation of
the said Court, the Gover-
nor, with the advice of the
Council, may appoint and
commission a fit and proper
person to such vacant Of-
ice, to hold the same until
the next meeting of the said
Court; and all Laws passed
after this act shall take
effect shall be recorded in
the Office of the Court of
Appeals of the Western
Shore.

Sec. 1. This State shall
be divided into six Judicial
Districts, in manner and
form following, to wit, Saint
Mary's, Charles and Prince
George's Counties, shall be
the first District: Cecil,
Kent, Queen Anne's and
Talbot Counties shall be the
second District; Calvert,
Anne Arundel and Mont-
gomery Counties, shall be
the third District; Caroline,
Dorchester, Somerset, and
Worcester Counties, shall be
the fourth district; Fred-
erick, Washington and Al-
'egany Counties, shall be
the fifth District; Baltimore
and Harford Counties shall
be the sixth District; and

892

 

 

 

 

 

 

 

 

 

 

893

 

 

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 893   View pdf image (33K)
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