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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 913   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

 

 

nineteen hundred and sixty-
six, shall each, alternately
and in rotation and on
schedules to be established
by the said judges, sit as
an Orphan's Court for said
County, and shall have and
exercise all the power, au-
thority and jurisdiction
which the present Orphans'
Courts now have and exer-
cise, or which may hereafter
be prescribed by law.

 

 

 

 

 

 

 

 

 

 

Circuit Court:
Selection of
Judges; number
of judges;
increased or
decreased by
General Assem-
bly; number
required for
certain Circuits
and counties;
vacancies;
chief judge;
terms; Quorum;
provision for
transition.

Sec. 21. From and after
January 1, 1955, there shall
be in the third, fourth,
fifth, sixth and seventh cir-
cuits at least one judge for
each county, who shall be
a resident of the county in
which he shall hold office,
and who shall be elected
by the voters thereof, to be
styled judges of the Circuit
Court, to be elected or ap-
pointed as herein pro-
vided. The number of
judges for any of the cir-
cuits or for any of the
counties, may be increased
or decreased by the Gen-
eral Assembly from time to
time, and any vacancy so
created shall be filled as
provided in Section 5 of this
Article except that in the
third, fourth, fifth, sixth,
and seventh judicial circuits
there shall never be less
than one judge for each
county and in all of the
circuits there shall never be
less than four for each cir-
cuit. The senior judge in
length of service shall be
the chief judge of the cir-
cuit; the other judge or
judges shall be associate
judges. In the first and
second judicial circuits no
two of said judges of the
Circuit Court shall at the
time of their election or ap-

Sec. 21. For each of the
said Circuits (excepting the
Eighth,) there shall be a
Chief Judge, and two As-
sociate Judges, to be styled
Judges of the Circuit Court,
to be elected or appointed,
as herein provided. And no
two of said Associate Judges
shall, at the time of their
election, or appointment, or
during the term, for which
they may have been elected,
or appointed, reside in the
same County. If two or
more persons shall be candi-
dates for Associate Judge,
in the same County, that
one only in said County
shall be declared elected,
who has the highest num-
ber of votes in the Circuit.
In case any two candidates
for Associate Judge, residing
in the same County, shall
have an equal number of
votes, greater than any
other candidate for As-
sociate Judge, in the Cir-
cuit, it shall be the duty of
the Governor to order a
new election for one As-
sociate Judge; but the per-
son, residing in any other
County of the Circuit, and
who has the next highest
number of votes shall be de-
clared elected. The said
Judges shall hold not less
than two Terms of the Cir-

Sec. 26. For each Circuit
(the Thirteenth excepted)
there shall be one Judge,
who shall be styled Circuit
Judge, who, during his term
of office, shall reside in one
of the counties composing
the Circuit for which he
may be elected; the said
Judges shall hold a term of
their Courts in each of the
counties composing their re-
spective Circuits at such
times as now are or may
hereafter be fixed by law,
such terms to be never less
than two in each year in
each county; special terms
may be held by said Judges
in their discretion, when-
ever the business of their
several counties renders
such terms necessary.

Sec. 27. The present
Judges of the Circuit Courts
shall continue to act as
Judges of the respective
Circuit Courts within the
Judicial Circuits in which
they respectively reside,
until the expiration of the
term for which they were
respectively elected, and
until their successors are
elected and qualified, viz:
the present Judges of the
First, Second, Third, Fourth,
Sixth and Eighth Judicial
Circuits, as organized at the

 

 

 

 

 

 

912

 

 

 

 

 

 

 

 

 

 

913

 

 

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 913   View pdf image (33K)
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