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Maryland Manual, 1971-72
Volume 175, Page 661   View pdf image (33K)
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Art. 4] MARYLAND MANUAL 661
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 retire-
ment of a judge. All proceedings, testimony, and evidence
before the Commission 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 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 implement 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 interferes
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 accru-
ing from his judicial service only to the extent prescribed
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.
(c) This section is alternative to, and cumulative with,
the methods of retirement and removal provided in Sections
3 and 4 of this Article, and in Section 26 of Article III of
this Constitution.
1 SEC. 5. Upon every occurrence or recurrence of a va-
cancy through death, resignation, removal, disqualification
by reason of age or otherwise, or expiration of the term
of fifteen years of any judge, or creation of the office of any
judge, or in any other way, the Governor shall appoint a
person duly qualified to fill said office, who shall hold the
same until the election and qualification of his successor;
except that when a vacancy shall exist in the office of Chief
Judge of the Supreme Bench of Baltimore City, the Gover-
nor may designate an Associate Judge of said Supreme
i Thus amended by Chapter 703, Acts of 1945, ratified November 5, 1946

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Maryland Manual, 1971-72
Volume 175, Page 661   View pdf image (33K)
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