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Maryland Manual, 1967-68
Volume 173, Page 632   View pdf image (33K)
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632 MARYLAND MANUAL [Art. 4, Sec. 4B]
elected or subject to election, and those appointed if the full
term of the particular office is for not less than four years,
(including a judge holding office on the date of adoption of
this Amendment) may, in accordance with the procedure
described in this section, be removed for misconduct in
office, persistent failure to perform the duties of his office
or conduct which shall prejudice the proper administration
of justice, or may be retired for disability seriously inter-
fering with the performance of his duties, which is, or is
likely to become, of a permanent character. The Commis-
sion may, after such investigation as it deems necessary,
order a hearing to be held before it concerning the removal
or retirement of a judge. If, after hearing, the Commission
finds good cause therefor as aforesaid, it shall recommend
to the General Assembly the removal or retirement, as the
case may be, of the judge.
(b) The General Assembly shall review the record of the
proceedings on the law and facts and in its discretion may
permit the introduction of additional evidence and by a
joint resolution passed by a two-thirds vote of the members
elected in each House thereof, shall order the removal or
retirement, as it finds just and proper, or wholly reject the
recommendation. Upon an order for retirement, the judge
shall thereby be retired with the rights and privileges pro-
vided by law. Upon an order of removal, the judge shall
thereby be removed from office, his salary shall cease from
the date of such order, and neither he nor his widow, upon
his death, shall receive any benefits, pension, or retirement
allowance accruing from judicial service.
(c) All papers filed with and proceedings before the
Commission on Judicial Disabilities, pursuant to this section
shall be confidential, and the filing of papers with and the
giving of testimony before the Commission shall be priv-
ileged. No other publication of such papers or proceedings
shall be privileged in any action for defamation except that
(a) the record filed by the Commission in the General
Assembly continues to be privileged and upon such filing
loses its confidential character and (b)a writing which was
privileged prior to its filing with the Commission does not
lose such privilege by such filing. The Commission and the
General Assembly shall have the power to issue and enforce
process to compel the attendance of witnesses and the pro-
duction of evidence. The General Assembly shall by statute
provide for procedure under this section before the Com-
mission on Judicial Disabilities and by rule shall provide
for procedure under this section in the General Assembly.

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Maryland Manual, 1967-68
Volume 173, Page 632   View pdf image (33K)
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