| Volume 174, Page 697 View pdf image (33K) |
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MARYLAND MANUAL 697 4B. Powers and Procedures of Commission on Judicial Disabilities; Removal and Retirement by Court of Appeals. (a) The Commission on Judicial Disabilities shall have the power to investigate complaints against any judge of the Court of Appeals, any intermediate courts of appeal, the Circuit Courts, the Supreme Bench of Baltimore City, the Orphans' Court and all other judges appointed or elected if the full term of the office is not less than four years (including a judge holding office on the date of adop- tion of this amendment) ; and to conduct hearings concern- ing the removal or retirement of a judge, administer oaths and affirmations, issue process to compel the attendance of witnesses and the production of evidence, and require per- sons to testify and produce evidence by granting them immunity from prosecution or from penalty or forfeiture. The Commission shall have the power to recommend to the Court of Appeals the removal or retirement of a judge. All proceedings, testimony, and evidence before the Commis- sion shall be confidential and privileged, except that the record and any proceeding filed with the Court of Appeals shall lose its confidential character. No judge shall partici- pate in any proceedings involving his own removal or retirement, and the Governor shall appoint another judge as a substitute member of the Commission for those pro- ceedings. The Court of Appeals shall prescribe by rule the means to implement and enforce the powers of the Commis- sion and the practice and procedure before the Commission. (b) Upon recommendation of the Commission that a judge be removed from office, or that he be retired, the Court of Appeals, after a hearing and upon a finding of misconduct while in office, or of persistent failure to per- form the duties of his office, or of conduct prejudicial to the proper administration of justice, may remove the judge from office or may censure him, or the Court of Appeals, after hearing and upon a finding of disability which is or is likely to become permanent and which seriously inter- feres with the performance of his duties, may retire the judge from office. A judge removed under this section, and his surviving spouse, shall have the rights and privileges accruing from his judicial service only to the extent pre- scribed by the order of removal. A judge retiring under this section shall have the rights and privileges prescribed by law for other retired judges. No judge shall sit in judgment in any hearing involving his own removal or retirement. |
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| Volume 174, Page 697 View pdf image (33K) |
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