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Art. 4] MARYLAND MANUAL 611 ever may first happen. One of the Judges of the Court of Appeals shall be designated by the Governor as the Chief Judge. 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 by law. It shall hold its sessions in the City of Annapolis 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 competent for the judges temporarily to transfer their sittings elsewhere upon sufficient cause. The salary of each Judge of the Court of Appeals shall be that now or here- after 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 additional judge or judges sit for any case. The concurrence of a majority of those sitting shall be sufficient for the decision of any cause, and an equal division of those sitting in a case has the effect of affirming the decision appealed from if there is no application for re-argument as hereinafter provided. In any case where there is an equal division or a three to two division of the Court a re-argument before the full Court of seven judges shall be granted to the losing party upon application as a matter of right. 1 SEC. 14A. The General Assembly may by law create such intermediate courts of appeal as may be necessary. The General Assembly may prescribe the intermediate appellate jurisdiction of these courts of appeal, and all other powers necessary for the operation of such courts. 1 SEC. 14B. No member of the General Assembly at which the addition of Section 14A was proposed, if other- wise 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 14A, by reason of his membership in such General Assembly. " 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 intermediate court of appeal as the case may be, shall not participate in the decision. In every case an opinion, in writing, shall be filed within three months after the argument or sub- mission of the cause; and the judgment of the Court of Appeals shall be final and conclusive. 1 Added by Chapter 10, Acts of 1966, ratified November 8, 1966. 2 Thus amended by Chapter 10, Acts of 1966, ratified November 8, 1966. |
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Maryland Manual, 1969-70
| Volume 174, Page 611 View pdf image (33K) |
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