812/Maryland Manual

SEC. 5A.¹⁰⁰ (a) A vacancy in the office of a judge of
an appellate court, whether occasioned by the death,
resignation, removal, retirement, disqualification by rea-
son of age, or rejection by the voters of an incumbent,
the creation of the office of a judge, or otherwise, shall
be filled as provided in this section.

(b) Upon the occurrence of a vacancy the Governor
shall appoint, by and with the advice and consent of
the Senate, a person duly qualified to fill said office
who shall hold the same until the election for continu-
ance in office as provided in subsections (c) and (d).

(c) The continuance in office of a judge of the Court
of Appeals is subject to approval or rejection by the
registered voters of the appellate judicial circuit from
which he was appointed at the next general election fol-
lowing the expiration of one year from the date of the
occurrence of the vacancy which he was appointed to
fill, and at the general election next occurring every ten
years thereafter.

(d) Tlic cuiiliiluancc in ufficc uf a judge uf llie Court
of Special Appeals is subject to approval or rejection by
the registered voters of the geographical area prescribed
by law at the next general election following the expira-
tion of one year from the date of the occurrence of the
vacancy which he was appointed to fill, and at the gen-
eral election next occurring every ten years thereafter.

(e) The approval or rejection by the registered voters
of a judge as provided for in subsections (c) and (d)
shall be a vote for the judge's retention in office for a
term of ten years or his removal. The judge's name
shall be on the appropriate ballot, without opposition,
and the voters shall vote yes or no for his retention in
office. If the voters reject the retention in office of a
judge, or if the vote is tied, the office becomes vacant
ten days after certification of the election returns.

(f) An appellate court judge shall retire when he at-
tains his seventieth birthday.

(g) A member of the General Assembly who is other-
wise qualified for appointment to judicial office is not
disqualified by reason of his membership in a General
Assembly which proposed or enacted any constitutional
amendment or statute affecting the method of selection.
Continuance in office, or retirement or removal of a
judge, the creation or abolition of a court, an increase
or decrease in the number of judges of any court, or an
increase or decrease in the salary, pension or other al-
lowances of any judge.

SEC. 6.¹⁰¹ All Judges shall, by virtue of their offices,
be Conservators of the Peace throughout the State; and
no fees, or perquisites, commission, or reward of any
kind shall be allowed to any Judge in this State, besides
his annual salary, for the discharge of any Judicial duty.

SEC. 7. No Judge shall sit in any case wherein he
may be interested, or where either of the parties may be
connected with him, by affinity or consanguinity, within
such degrees as now are, or may hereafter be prescribed

"» Added by Chapter 551, Acts of 1975, ratified Nov. 2, 1976.
"" Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

Article IV

by Law, or where he shall have been of counsel in the
case.

SEC. 8.¹⁰² (a) The parties to any cause may submit
the same to the Court for determination without the aid
of a jury.

(b) In all cases of presentments or indictments for of-
fenses that are punishable by death, on suggestion in
writing under oath of either of the parties to the pro-
ceedings that the party cannot have a fair and impartial
trial in the court in which the proceedings may be
pending, the court shall order and direct the record of
proceedings in the presentment or indictment to be
transmitted to some other court having jurisdiction in
such case for trial.

(c) In all other cases of presentment or indictment,
and in all suits or actions at law or issues from the Or-
phans' Court pending in any of the courts of law in this
State which have jurisdiction over the cause or case, in
addition to the suggestion in writing of either of the
parties to the cause or case that the party cannot have a
fair and impartial trial in the court in which the cause
or case may be pending, it shall be necessary for the
party making the suggestion to make it satisfactorily
appear to the court that the suggestion is true, or that
there is reasonable ground for the same; and there upon
the court shall order and direct the record of the pro-
ceedings in the cause or case to be transmitted to some
other court, having jurisdiction in the cause or case, for
trial. The right of removal also shall exist on suggestion
in a cause or case in which all the judges of the court
may be disqualified under the provisions of this Consti-
tution to sit. The court to which the record of proceed-
ings in such suit or action, issue, presentment or indict-
ment is transmitted, shall hear and determine that cause
or case in 'he same manner as if it had been originally
instituted in that court. The General Assembly shall
modify the existing law as may be necessary to regulate
and give force to this provision.

SEC. 9.¹⁰³ The Judge, or Judges of any Court, may
appoint such officers for their respective Courts as may
be found necessary. The General Assembly may pro-
vide, by Law, fur cuiiipciisaliun fui all such officcis;
and the said Judge or Judges shall, from time to time,
investigate the expenses, costs and charges of their re-
spective courts, with a view to a change or reduction
thereof, and report the result of such investigation to
the General Assembly for its action.

SEC. 10. The Clerks of the several Courts, created,
or continued by this Constitution, shall have charge and
custody of the records and other papers, shall perform
all the duties, and be allowed the fees, which appertain
to their several offices, as the same now are, or may
hereafter be regulated by Law. And the office and busi-
ness of said Clerks, in all their departments, shall be
subject to the visitorial power of the Judges of the irre-
spective Courts, who shall exercise the same, from time
to time, so as to insure the faithful performance of the

'"Amended by Chapter 364, Acts of 1874, ratified Nov. 2,
1875, and by Chapter 524, Acts of 1980, ratified Nov. 4, 1980.
l⁰³ Amended by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.