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Maryland Manual, 1983-84
Volume 181, Page 815   View pdf image (33K)
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Article IV

the number of judges of the circuit court in each county
and circuit. These judges shall be selected in accordance
with Sections 3 and 5 of this Article.

(b) There shall be at least four circuit court judges
resident in each circuit, and at least one circuit court
judge shall be resident in each county. There shall be at
least two such judges resident in Anne Arundel County,
at least three resident in Baltimore County, at least four
resident in Prince George's County, and at least five
resident in Montgomery County.

(c) The senior judge in length of service in each cir-
cuit shall be the chief judge of the circuit. The other
judges shall be associate judges.

(d) Except as otherwise provided by law, one judge
shall constitute a quorum for the transaction of any
business.

(e) The terms of the circuit courts shall be deter-
mined by law.

(f) A person is not ineligible for appointment or elec-
tion as a judge because he was a member of the Gener-
al Assembly at a time when the number or salary of
judges were increased or decreased.

SEC. 21A.120 If the amendments to sections 3 and 21
of Article IV proposed by House Bill 972, Senate Bill
390 (1976) and the amendments to those sections pro-
posed by House Bill 1048 (1976) are ratified by the vot-
ers at the election in Nov. 1976, the amendments to
those sections proposed in House Bill 972, Senate Bill
390 (1976) shall take effect.

SEC. 22.121 Where any Term is held, or trial conduct-
ed by less than the whole number of said Circuit Judges,
upon the decision or determination of any point, or
question, by the Court, it shall be competent to the par-
ty, against whom the ruling or decision is made, upon
motion, to have the point, or question reserved for the
consideration of the three Judges of the Circuit, who
shall constitute a court in bane for such purpose; and
the motion for such reservation shall be entered of rec-
ord, during the sitting, at which such decision may be
made; and the several Circuit Courts shall regulate, by
rules, the mode and manner of presenting such points,
or questions to the court in bane, and the decision of the
said Court in bane shall be the effective decision in the
premises, and conclusive, as against the party, at whose
motion said points, or questions were reserved; but such
decision in bane shall not preclude the right of Appeal,
or writ of error to the adverse party, in those cases, civil
or criminal, in which appeal, or writ of error to the
Court of Appeals may be allowed by Law. The right of
having questions reserved shall not, however, apply to
trials of Appeals from judgments of the District Court,
nor to criminal cases below the grade of felony, except
when the punishment is confinement in the Penitentiary;
and this Section shall be subject to such provisions as
may hereafter be made by Law.

SEC. 23.122 The Judges of the respective Circuit
Courts of this State shall render their decisions, in all

""Added by Chapter 542, Acts of 1976, ratified Nov. 2, 1976.
i2' Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
'" Amended by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.

Constitution of Maryland/815

cases argued before them, or submitted for their judg-
ment, within two months after the same shall have been
so argued or submitted.

SEC. 24.123 The salary of each Chief Judge and of
each Associate Judge of the Circuit Court shall not be
diminished during his continuance in office.

SEC. 25.124 There shall be a Clerk of the Circuit
Court for each County and Baltimore City, who shall
be elected by a plurality of the qualified voters of said
County or City, and shall hold this office for four years
from the time of his election, and until his successor is
elected and qualified, and be re-eligible, subject to be
removed for wilful neglect of duty or other misdemean-
or in office, on conviction in a Court of Law. In case of
a vacancy in the office of Clerk of a Circuit Court, the
Judges of that Court may fill the vacancy until the gen-
eral election for Delegates to the General Assembly, to
be held next thereafter, when a successor shall be
elected for the term of four years.

SEC. 26.125 The Clerks shall appoint, subject to the
confirmation of the Judges of their respective Courts, as
many deputies under them, as the Judges shall deem
necessary, to perform, together with themselves, the
duties of the office, who shall be removable by the
Judges for incompetency, or neglect of duty, and whose
compensation shall be determined by law. In Washing-
ton County, all deputy clerks and other employees of
the office of the clerk shall be appointed and be remov-
able according to the merit system procedure es-
tablished by law for these deputies and clerks. All dep-
uty clerks and other employees of the office of the
Clerk of the Criminal Court of Baltimore City, except-
ing the Clerks, shall be selected pursuant to and be re-
movable according to a procedure established by law
for these deputies and clerks.

Part IV—Courts a/Baltimore City
SEC. 27.126 Vacant.
SEC. 28.127 Vacant.
SEC. 29.128 Vacant.
SEC. 30.129 Vacant.
SEC. 31.'"Vacant.

123 Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
'"Amended by Chapter 99, Acts of 1956, ratified Nov. 6,
1956; Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
i25 Amended by Chapter 376, Acts of 1972, ratified Nov. 7, 1972;
Chapter 889, Acts of 1974, ratified Nov. 5, 1974; Chapter 523,
Acts of 1980, ratified Nov. 4, 1980.
126 Repealed by Chapter 523, Acts of 1980, ratified Nov. 4,
1980.
'"Amended by Chapter 889, Acts of 1974, ratified Nov. 5,
1974. Repealed by Chapter 523, Acts of 1980, ratified Nov. 4,
1980.
l28 Amended by Chapter 889, Acts of 1974, ratified Nov. 5,
1974. Repealed by Chapter 523, Acts of 1980, ratified Nov. 4,
1980.
"'Amended by Chapter 889, Acts of 1974, ratified Nov. 5,
1974. Repealed by Chapter 523, Acts of 1980, ratified Nov. 4,
1980.
i30 Amended by Chapter 889, Acts of 1974, ratified Nov. 5,1974.
Repealed by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.

 



 
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Maryland Manual, 1983-84
Volume 181, Page 815   View pdf image (33K)
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