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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 898   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

 

 

mediate appellate jurisdic-
tion of these courts of ap-
peal, and all other powers
necessary for the operation
of such courts.

 

 

 

 

 

 

 

 

 

 

Members of
General Assem-
bly creating
Intermediate
Court of Ap-
peals: Eligible
for appointment
to that Court.

Sec. 14B. No member of
the General Assembly at
which the addition of Sec-
tion 14A was proposed, if
otherwise qualified, shall be
ineligible for appointment
or election as a judge of
any intermediate court of
appeal, established by law
by the General Assembly
pursuant to said Section
14 A, by reason of his mem-
bership in such General
Assembly.

 

 

 

 

 

 

 

 

 

 

Court of Ap-
peals: Disquali-
fication of judge;
filing of opinion;
finality of
judgment.

Sec. 15. Any judge of
the Court of Appeals or of
an intermediate court of
appeal who heard the cause
below either as a trial judge
or as a judge of any inter-
mediate court of appeal as
the case may be shall not
participate in the decision.
Tn 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 of
Appeals shall be final and
conclusive.

Sec. 7. No Judge shall
sit in any case wherein he
may be interested, or where
either of the parties may
be connected with him, by
affinity or consanguinity,
within such degrees as now
are, or may hereafter be
prescribed by Law, or where
he shall have been of coun-
sel in the case.

Sec. 7. No Judge shall
sit in any case wherein he
may be interested, or where
either of the parties may
be connected with him by
affinity or consanguinity
within such degrees as now
are or may hereafter be
prescribed by law, or where ,
he shall have been of coun-
sel in the case.

Sec. 5. No Judge of the
Court of Appeals shall sit
in any case wherein he may
be interested, or where
either of the parties may
be connected with him by
affinity or consanguinity
within such degrees as may
be prescribed by law, or
when he shall have been
of counsel in said case;
when the Court of Appeals,
or any of its members shall
be thus disqualified to hear
and determine any case or
cases in said court, so that
by reason thereof no judg-
ment can be rendered in
said court, the same shall
be certified to the Gover-
nor of the State, who shall
immediately commission the
requisite number of persons
learned in the law for the
trial and determination of
said case or cases.

 

 

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

Sec. 5. ... and the
Judge who has given a de-
cision in any case in the
County Court shall with-
draw from the Bench upon
the deciding of the same
case before the Court of
Appeals; . . . . '

898

 

 

 

 

 

 

 

 

 

 

899

 

 

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 898   View pdf image (33K)
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