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Maryland Manual, 1983-84
Volume 181, Page 811   View pdf image (33K)
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Article IV

ot this State, except an Orphans' Court, as provided by

(b) The provisions of this section apply, notwith-
standing provisions appearing elsewhere in this Article
pertaining to retirement of judges upon attaining age 70.

SEC. 4. Any Judge shall be removed from office by
the Governor, on conviction in a Court of Law, of in-
competency, of wilful neglect of duty, misbehavior in
office, or any other crime, or on impeachment, accord-
ing to this Constitution, or the Laws of the State; or on
the address of the General Assembly, two-thirds of each
House concurring in such address, and the accused hav-
ing been notified of the charges against him, and having
had opportunity of making his defence.

SEC. 4A.97 There is created a Commission on Judi-
cial 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 Commission shall be appointed
from among the judges of the appellate courts, the Cir-
cuit Courts, and the District Court; two members shall
be appointed from among those persons who are admit-
ted 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, active 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 expi-
ration of his predecessor's term. Whenever any member
of the Commission 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 be-
comes 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 mem-
ber shall forthwith terminate. Any vacancies on the
Commission shall be filled for the unexpired term by
the Governor in the same manner as for making of ap-
pointments to the Commission and subject to the same
qualifications which were applicable to the person caus-
ing the vacancy. No member of the Commission shall
receive any compensation for his services as such but
shall be allowed any expenses necessarily incurred in
the performance of his duties as such member.

SEC. 4B.98 (a) The Commission on Judicial Dis-
abilities has the power to investigate complaints against
any judge of the Court of Appeals, any intermediate
courts of appeal, the Circuit Courts, the District Court
of Maryland, or the Orphans' Court; and to conduct
hearings concerning such complaints, 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 immunity from from prosecution or from pen-

97 Amended by Chapter 773, Acts of 1965, ratified Nov. 8,
1966; Chapter 789, Acts of 1969, ratified Nov. 3, 1970; Chapter
681, Acts of 1977, ratified Nov. 7, 1978; Chapter 523, Acts of
1980, ratified Nov. 4, 1980.
98 Amended by Chapter 773, Acts of 1965, ratified Nov. 8,
1966; Chapter 789, Acts of 1969, ratified Nov. 3, 1970; Chapter
886, Acts of 1974, ratified Nov. 5, 1974; Chapter 523, Acts of
1980, ratified Nov. 4, 1980.

Constitution of Mary land/811

alty or forfeiture. The Commission has the power to is-
sue a reprimand and the power to recommend to the
Court of Appeals the removal, censure or other appro-
priate disciplining of a judge or, in an appropriate case,
retirement. All proceedings, testimony, and evidence be-
fore the Commission shall be confidential and privi-
leged, except as provided by rule of the Court of Ap-
peals; the record and any proceeding filed with the
Court of Appeals shall lose its confidential character,
except as ordered by the Court of Appeals. No judge
shall participate as a member of the Commission in any
proceedings involving his own conduct, and the Gover-
nor 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 any recommendation of the Commission,
the Court of Appeals, after a hearing and upon a find-
ing of misconduct while in office, or of persistent failure
to perform the duties of his office, or of conduct preju-
dicial to the proper administration of justice, may re-
move the judge from office or may censure or otherwise
discipline 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 sur-
viving spouse, shall have the rights and privileges accru-
ing from his judicial service only to the extent pre-
scribed by the order of removal. A judge retired under
this section shall have the rights and privileges pre-
scribed by law for other retired judges. No judge of the
Court of Appeals shall sit in judgment in any hearing
involving his own conduct.

(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.

SEC. S." Upon every occurrence or recurrence of a
vacancy through death, resignation, removal, disqualifi-
cation by reason of age or otherwise, or expiration of
the term of fifteen years of any judge of a circuit court,
or creation of the office of any such judge, or in any
other way, the Governor shall appoint a person duly
qualified to fill said office, who shall hold the same un-
til the election and qualification of his successor. His
successor shall be elected at the first biennial general
election for Representatives in Congress after the expi-
ration of the term of fifteen years (if the vacancy oc-
curred in that way) or the first such general election af-
ter one year after the occurrence of the vacancy in any
other way than through expiration of such term. Except
in ease of reappointment of a judge upon expiration of
his term of fifteen years, no person shall be appointed
who will become disqualified by reason of age and
thereby unable to continue to hold office until the pre-
scribed time when his successor would have been

"Amended by Chapter 417, Acts of 1880, ratified Nov. 8,
1881; Chapter 772, Acts of 1943, ratified Nov. 7, 1944; Chapter
703, Acts of 1945, ratified Nov. 5, 1946; Chapter 551, Acts of
1975, ratified Nov. 2, 1976; Chapter 523, Acts of 1980, ratified
Nov. 4, 1980.


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Maryland Manual, 1983-84
Volume 181, Page 811   View pdf image (33K)
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