Article IV
SEC. 41E. The Chief Judge of the Court of Appeals
shall designate one judge of the District Court as Chief
Judge of that Court, to serve as Chief Judge at his plea-
sure. The Chief Judge of the District Court may assign
administrative duties to other judges of the District
Court and shall perform such other duties in the admin-
istration of the District Court as may be prescribed by
rule or by law.
SEC. 41P. The Chief Judge of the District Court
shall appoint, to serve at his pleasure, a Chief Clerk of
that Court. He shall also appoint, to serve at his plea-
sure, and upon the recommendation of the administra-
tive judge of the district, a chief administrative clerk for
each district. The chief clerk shall perform such duties
in the administration of the District Court as may be
assigned him by the chief judge or as may be prescribed
by rule or by law. Each chief administrative clerk shall
perform such duties in the administration of the District
Court as may be assigned him by the administrative
judge of his district or as may be prescribed by rule of
law. There shall be in each County a clerk of the Dis-
trict Court whose appointment, term, and compensation
shall be prescribed by law. The Chief Judge of the Dis-
trict Court, upon recommendation of the respective ad-
ministrative judges, shall appoint such deputy clerks,
constables, and other officers of the District Court as
may be necessary. It shall be the duty of the General
Assembly to prescribe by law a fixed compensation for
all such officers.
SEC. 41G. There shall be district court commission-
ers in the number and with the qualifications and com-
pensation prescribed by law. Commissioners in a dis-
trict shall be appointed by and serve at the pleasure of
the Administrative Judge of the district, subject to the
approval of the Chiet Judge of the District Court. Com-
missioners may exercise power only with respect to war-
rants o( arrest, or bail 01 collateral or Other terms of
pre-trial release pending hearing, or incarceration pend-
ing hearing, and then only as prescribed by law or by
rule.
SEC. 41H. The salary of a judge of the District
Court shall not be reduced during his continuance in
office.
SEC. 41-I.140 For the purpose of implementing the
amendments to Articles IV, XV and XVII of this Con-
stitution, establishing the District Court, the following
provisions shall govern.
(a) The provisions of Section 4 ID of this Article shall
govern initial vacancies in the office of judge of the Dis-
trict Court. Each full-time judge of the People's Court
of Baltimore City, the Municipal Court of Baltimore
City, and of the People's Courts of Anne Arundel,
Montgomery, Prince George's, Wicomico Counties and
Baltimore County who is in office on the effective date
of these amendments shall continue in office as a judge
of the District Court in his district and county of resi-
dence (or in Baltimore City) for the remainder of the
term for which he was elected or appointed, and if his
term expires prior to January 1, 1971, such judge shall
140 Thus amended by Chapter 681, Acts of 1977, ratified No-
vember 7,1978.
|
Constitution of Maryland/687
be re-appointed by the Governor, if the Senate consents,
in accordance with the provisions of Section 41D of this
Article, subject to the Provisions of the Constitution re-
specting age, removal and retirement; provided that the
term of any such judge of a People's Court who would
be ineligible for appointment as a judge of the District
Court under this Article shall expire on the effective
date of these amendments. Thereafter, retention of any
judge who is retained in office pursuant to the preced-
ing provisions of this subsection shall be pursuant to
Section 41D of this Article. No People's Court judge,
judge of the Housing Court of Baltimore County, or
Justice of the Peace shall be appointed or elected or ex-
ercise any power or jurisdiction.
(b) Each full-time clerk of a justice of the peace des-
ignated as trial magistrate of a People's Court, of the
Municipal Court of Baltimore City, and the chief con-
stable of the People's Court of Baltimore City who is in
office on the day before the first Monday in July, 1970,
shall become a deputy clerk of the District Court on
the first Monday in July 1970. The taking effect of the
aforegoing amendments shall not of itself affect the ten-
ure, term, status, retirement, or compensation of any
person then holding public office, position, or employ-
ment in this State, except as provided in the amend-
ments.
(c) All statutory references to justices of the peace
designated as trial magistrates, to People's Courts, to
the Municipal Court of Baltimore City or to the Hous-
ing Court of Baltimore County, shall be deemed to refer
to the District Court in the appropriate district, county
or Baltimore City, to the extent not inconsistent with
this Constitution.
(d) No member of the General Assembly at which
these amendments were proposed, or at which the num-
ber of or salary of any such judges may have been in-
creased or decreased by the General Assembly from
time to time, if otherwise qualified, is ineligible for ap-
pointment or election as a judge of the District Court
by reason of his membership in the General Assembly.
Part VII—Sheriffs.
SEC. 44.141 There shall be elected in each county
and in Baltimore City one person, resident in said coun-
ty or City, above the age of twenty-five years and for at
least five years preceding his election a citizen of the
State, to the office of Sheriff. He shall hold office for
four years, until his successor is duly elected and quali-
fied, give such bond, exercise such powers and perform
such duties as now are or may hereafter be fixed by
law.
In case of vacancy by death, resignation, refusal to
serve, or neglect to qualify or give bond, or by disquali-
fication or removal from the County or City, the Gov-
ernor shall appoint a person to be Sheriff for the re-
mainder of the official term.
141 Thus amended by Chapter 681, Acts of 1977, ratified
November 7, 1978.
|
