Article IV

except State's Attorneys, shall be certified, and the re-
turns made, by the Clerks of the Circuit Courts of the
Counties, and the Clerk of the Superior Court of
Baltimore City, respectively, to the Governor, who shall
issue commissions to the different persons for the offices
to which they shall have been, respectively, elected; and
in all such elections for offices other than judges of an
appellate court, the person having the greatest number
of votes, shall be declared to be elected.

SEC. 12.¹⁰³ In case of any contested election for
Judges, Clerks of the Courts of Law, and Registers of
Wills, the Governor shall send the returns to the House
of Delegates, which shall judge of the election and qual-
ification of the candidates at such election; and if the
judgment shall be against the one who has been re-
turned elected, or the one who has been commissioned
by the Governor, the House of Delegates shall order a
new election within thirty days.

SEC. 13. All Public Commissions and Grants shall
run thus: "The State of Maryland, etc.," and shall be
signed by the Govenor, with the Seal of the State
annexed; all writs and process shall run in the same
style, and be tested, sealed and signed, as heretofore, or
as may hereafter be, provided by Law; and all indict-
ments shall conclude, "against the peace, government
and dignity of the State."

SEC. 14.¹⁰⁴ The Court of Appeals shall be composed
of seven judges, one from the First Appellate Judicial
Circuit consisting of Cecil, Kent, Queen Anne's, Caro-
line, Talbot, Dorchester, Wicomico, Worcester and
Somerset counties; one from the Second Appellate Judi-
cial Circuit consisting of Baltimore and Harford
counties; one from the Third Appellate Judicial Circuit,
consisting of Allegany, Frederick, Garrett, Montgomery
and Washington counties; one from the Fourth Appel-
late 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
Baltimore City. The Judges of the Court of Appeals
shall be residents of their respective Appellate Judicial
Circuits. The term of each Judge of the Court of Ap-
peals shall begin on the date of his qualification. 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 lim-
its 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 com-
petent for the judges temporarily to transfer their sit-
tings elsewhere upon sufficient cause. The salary of each
Judge of the Court of Appeals shall be that now or
hereafter prescribed by the General Assembly and shall

Constitution of Maryland/683

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 con-
currence 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 de-
cision appealed from if there is no application for
reargument as hereinafter provided. In any case where
there is an equal division or a three to two division of
the Court a reargument before the full Court of seven
judges shall be granted to the losing party upon appli-
cation as a matter of right.

SEC. 14A.¹⁰⁵ The General Assembly may by law
create such intermediate courts of appeal as may be
necessary. The General Assembly may prescribe the in-
termediate appellate jurisdiction of these courts of ap-
peal, and all other powers necessary for the operation of
such courts.

SEC. 14B.¹⁰⁶ No member of the General Assembly
at which the addition of Section 14A was proposed, if
otherwise qualified, shall be ineligible for appointment
or election as a judge of any intermediate court of ap-
peal, established by law by the General Assembly pur-
suant to said Section 14 A, by reason of his member-
ship in such General Assembly.

SEC. 15.¹⁰⁷ Any Judge of the Court of Appeals or
of an intermediate court of appeal who heard the cause
below either as a trial Judge or as a Judge of any inter-
mediate court of appeal as the case may be, shall not
participate in the decision. In every case an opinion, in
writing, shall be filed within three months after the ar-
gument or submission of the cause; and the judgment of
the Court of Appeals shall be final and conclusive.

SEC. 16.¹⁰⁸ Provision shall be made by Law for
publishing Reports of all causes, argued and determined
in the Court of Appeals and in the intermediate courts
of appeal, which the Judges thereof, respectively, shall
designate as proper for publication.

SEC. 17.¹⁰⁹ There shall be a Clerk of the Court of
Appeals, who shall be appointed by and shall hold his
office at the pleasure of said Court of Appeals.

SEC. 18.'¹⁰ (a) The Court of Appeals from time to
time shall adopt rules and regulations concerning the
practice and procedure in and the administration of the
appelate courts and in the other court of this State,
which shall have the force of law until rescinded,

"" Added by Chapter 10, Acts of 1966, ratified November 8,
1966.
'^w> Added by Chapter 10, Acts of 1966, ratified November 8,
1966.
¹⁰⁷ Thus amended by Chapter 10, Acts of 1966, ratified Novem-
ber 8, 1966.
'°⁸ Thus amended by Chapter 10, Acts of 1966, ratified Novem-
ber 8, 1966.
¹⁰⁹ Thus amended by Chapter 99, Acts of 1956, ratified Novem-
ber 6, 1956.
"° Thus amended by Chapter 681, Acts of 1977, ratified
November 7, 1978, and by Chapter 523, Acts of 1980, ratified
November 4, 1980.