Article IV
years of age at the time of their election, or ap-
pointment, and shall be selected from those who
have been admitted to practice Law in this State,
and who are most distinguished for integrity,
wisdom and sound legal knowledge.
SEC. 3." Except for Judges of the District
Court, the Judges of the several Courts other than
the Court of Appeals or any intermediate courts of
appeal shall, subject to the provisions of Section 5
of this Article of the Constitution, be elected in
Baltimore City and in each county, by the qualified
voters of the city and of each county, respectively,
all of the said Judges to be elected at the general
election to be held on the Tuesday after the first
Monday in November, as now provided for in the
Constitution. Each of the said Judges shall hold his
office for the term of fifteen years from the time of
his election, and until his successor is elected and
qualified, or until he shall have attained the age of
seventy years, whichever may first happen, and be
re-eligible thereto until he shall have attained the
age of seventy years, and not after. In case of the
inability of any of said Judges to discharge his
duties with efficiency, by reason of continued sick-
ness, or of physical or mental infirmity, it shall be
in the power of the General Assembly, two-thirds
of the members of each House concurring, with the
approval of the Governor to retire said Judge from
office.
SEC. 3A.."* (a) Any former judge, except a for-
mer judge of the Orphans' Court, may be assigned
by the Chief Judge of the Court of Appeals, upon
approval of a majority of the court, to sit tempo-
rarily in any court of this State, except an Orphans'
Court, as provided by law.
(b) The provisions of this section apply, notwith-
standing provisions appearing elsewhere in this Ar-
ticle pertaining to retirement of judges upon
attaining age 70.
SEC. 4. Any Judge shall be removed from of-
fice by the Governor, on conviction in a Court of
Law, of incompetency, of wilful neglect of duty,
misbehavior in office, or any other crime, or on
impeachment, according to this Constitution, or
the Laws of the State; or on the address of the
General Assembly, two-thirds of each House con-
curring in such address, and the accused having
been notified of the charges against him, and hav-
ing had opportunity of making his defence.
" Thus amended by Chapter 681, Acts of 1977, ratified No-
vember 7,1978.
^ Added by Chapter 546, Acts of 1976, ratified November 2,
1976. |
Constitution of Maryland/815
SEC. 4A.^ (a) There is created a Commission
on Judicial Disabilities composed of seven persons
appointed by the Governor of Maryland. The
members of the Commission shall be citizens and
residents of this State. Four members of the Com-
mission shall be appointed from among the judges
of the appellate courts, the Circuit Courts for the
Counties, the Supreme Bench of Baltimore City
and the District Court; two members shall be
appointed from among those persons who are ad-
mitted to practice of law in the State, who have
been so engaged for at least fifteen years, and who
are not judges of any court; and one member shall
represent the public, who shall not be a judge, ac-
tive or retired, and who is not admitted to the
practice of law in this State. The term of office of
each member shall be for four years commencing
on January 1 following the expiration of his prede-
cessor's term. Whenever any member of the Com-
mission appointed from among judges in the State
ceases to be a judge, when any member appointed
from among those admitted to practice law
becomes a judge, when any member representing
the public becomes a judge or is admitted to the
practice of law in this State, or when any member
ceases to be a resident of the State, in such case the
membership of this member shall forthwith termi-
nate. Any vacancies on the Commission shall be
filled for the unexpired term by the Governor in
the same manner as for making of appointments to
the Commission and subject to the same
qualifications which were applicable to the person
causing the vacancy. No member of the Commis-
sion shall receive any compensation for his services
as such but shall be allowed any expenses neces-
sarily incurred in the performance of his duties as
such member.
SEC. 4B.^ (a) The Commission on Judicial
Disabilities has the power to investigate com-
plaints against any judge of the Court of Appeals,
any intermediate courts of appeal, the Circuit
Courts, the Supreme Bench of Baltimore City, the
District Court of Maryland, the Orphans' Court;
and to conduct hearings concerning such com-
plaints, administer oaths and affirmations, issue
process to compel the attendance of witnesses and
the production of evidence, and require persons to
testify and produce evidence by granting them im-
munity from prosecution or from penalty or for-
feiture. The Commission has the power to issue a
reprimand and the power to recommend to the
Court of Appeals the removal, censure or other
" Amended by Chapter 681, Acts of 1977, ratified November
7,1978.
" Thus amended by Chapter 886, Acts of 1974, ratified No-
vember 5,1974. |