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Maryland Manual, 1969-70
Volume 174, Page 708   View pdf image (33K)
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708 MARYLAND MANUAL
bers of each House concurring, with the approval of the
Governor to retire said Judge from office.
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' Courts 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 im-
munity 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 Commission
shall be confidential and privileged, except that the record
of any proceeding filed with the Court of Appeals shall lose
its confidential character. No judge shall participate 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 proceedings. The
Court of Appeals shall prescribe by rule the means to imple-
ment and enforce the powers of the Commission 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 judg-

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Maryland Manual, 1969-70
Volume 174, Page 708   View pdf image (33K)
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