Volume 175, Page 665 View pdf image (33K) |
Art. 4] MARYLAND MANUAL 665
of Baltimore and Harford counties; one from the Third Appellate Judicial Circuit, consisting of Allegany, Fred- erick, Garrett, Montgomery and Washington counties; one from the Fourth Appellate Judicial Circuit, consisting of Prince George's, Calvert, Charles and St. Mary's counties; one from the Fifth Appellate Judicial Circuit, consisting of Anne Arundel, Carroll and Howard counties; and two from the Sixth Appellate Judicial Circuit, consisting of Balti- more City. The Judges of the Court of Appeals shall be residents of and be elected by the qualified voters of their respective Appellate Judicial Circuits. The term of each Judge of the Court of Appeals shall begin on the date of his qualification except that each of the Judges of the Court of Appeals in office at the time this amendment to the Consti- tution takes effect shall continue to hold office for the bal- ance of the term for which he was elected or appointed or until he shall have attained the age of seventy years, which- 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 'Added by Chapter 10, Acts of 1966, ratified November 8. 1966. |
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Volume 175, Page 665 View pdf image (33K) |
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