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Maryland Manual, 1985-86
Volume 182, Page 691   View pdf image (33K)
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authorizing any municipal corporation or any county to carry out
urban renewal projects prevails over the restrictions contained in
Article XI-A "Local Legislation" and in Article XI-E "Munici-
pal Corporations" of this Constitution.

ARTICLE IV.
JUDICIARY DEPARTMENT.

Part I—General Provisions.

SECTION I.'2 The Judicial power of this State is vested in a
Court of Appeals, such intermediate courts of appeal as the
General Assembly may create by law, Circuit Courts, Orphans'
Courts, and a District Court. These Courts shall be Courts of
Record, and each shall have a seal to be used in the authentica-
tion of all process issuing from it.

SEC. IA.93 The several Courts existing in this State at the time
of the adoption of this Constitution shall, until superseded under
its provisions, continue with like powers and jurisdiction, and in
the exercise thereof, both at Law and in Equity, in all respects, as
if this Constitution had not been adopted; and when said Courts
shall be so superseded, all causes, then depending in said Courts
shall pass into the jurisdiction of the several Courts, by which
they may, respectively, be superseded.

SEC. 2." The Judges of all of the said Courts shall be citizens
of the State of Maryland, and qualified voters under this
Constitution, and shall have resided therein not less than five
years, and not less than six months next preceding their election,
or appointment, as the case may be, in the city, county, district,
judicial circuit, intermediate appellate judicial circuit or appellate
judicial circuit for which they may be, respectively, elected, or
appointed. They shall be not less than thirty years of age at the
time of their election, or appointment, and shall be selected from
those who have been admitted to practice Law in this State, and
who are most distinguished for integrity, wisdom and sound legal
knowledge.

SEC. 3." Except for Judges of the District Court, the Judges of
the several Courts other than the Court of Appeals or any
intermediate courts of appeal shall, subject to the provisions of
Section 5 of this Article of the Constitution, be elected in
Baltimore City and in each county, by the qualified voters of the
city and of each county, respectively, alt of the said Judges to be
elected at the general election to be held on the Tuesday after the
first Monday in November, as now provided for in the Constitu-
tion. Each of the said Judges shall hold his office for the term of
fifteen years from the time of his election, and until his successor
is elected and qualified, or until he shall have attained the age of
seventy years, whichever may first happen, and be re-eligible
thereto until he shall have attained the age of seventy years, and
not after. In case of the inability of any of said Judges to discharge
his duties with efficiency, by reason of continued sickness, or of
physical or mental infirmity, it shall be in the power of the
General Assembly, two-thirds of the members of each House
concurring, with the approval of the Governor to retire said
Judge from office.

"Amended by Chapter 10, Acts of 1966, 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.
"Transferred from Article XV, sec. 2, and amended by Chapter 681,
Acts of 1977, ratified Nov. 7, 1978.
"Amended by Chapter 10, Acts of 1966, ratified Nov. 8, 1966;
Chapter 789, Acts of 1969, ratified Nov. 3, 1970; Chapter 542, Acts
of 1976, ratified Nov. 2, 1976.
"Amended by Chapter 479, Acts of 1931, ratified Nov. 8, 1932;
Chapter 607, Acts of 1953, ratified Nov. 2,1954; Chapter 10, Acts of
1966, ratified Nov. 8, 1966; Chapter 542, Acts of 1976, ratified Nov.
2, 1976; Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

Constitution of Maryland/691

SEC. 3A." (a) Any former judge, except a former judge of the
Orphans' Court, may be assigned by the Chief Judge of the Court
of Appeals, upon approval of a majority of the court, to sit
temporarily in any court of this State, except an Orphans' Court,
as provided by law.

(b) The provisions of this section apply, notwithstanding
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 incompetency, of
wilful neglect of duty, misbehavior in office, or any other crime,
or on impeachment, according 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
having been notified of the charges against him, and having had
opportunity of making his defence.

SEC. 4A.97 There is created a Commission on Judicial Disabili-
ties 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
Circuit Courts, and the District Court; two members shall be
appointed from among those persons who are admitted 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 expiration 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 becomes 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 member 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 appointments to the Commission and subject to the
same qualifications which were applicable to the person causing
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." (a) The Commission on Judicial Disabilities 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
prosecution or from penalty or forfeiture. The Commission has
the power to issue a reprimand and the power to recommend to
the Court of Appeals the removal, censure or other appropriate
disciplining of a judge or, in an appropriate case, retirement. All
proceedings, testimony, and evidence before the Commission
shall be confidential and privileged, except as provided by rule of
the Court of Appeals; the record and any proceeding filed with

"Added by Chapter 546, Acts of 1976, ratified Nov. 2, 1976.
"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.
"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.

 



 
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Maryland Manual, 1985-86
Volume 182, Page 691   View pdf image (33K)
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