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Maryland Manual, 1985-86
Volume 182, Page 696   View pdf image (33K)
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696/Maryland Manual

hold his office for four years from the time of his election and
until his successor is elected and qualified; he shall be re-eligible,
and subject at all times to removal for willful neglect of duty, or
misdemeanor in office in the same manner that the Clerks of the
Courts are removable. In the event of any vacancy in the office of
the Register of Wills, said vacancy shall be filled by the Judges of
the Orphans' Court, in which such vacancy occurs, until the next
general election for Delegates to the General Assembly when a
Register shall be elected to serve for four years thereafter.

Part VI—District Court.

SEC. 41A.142 The District Court shall have the original
jurisdiction prescribed by law. Jurisdiction of the District Court
shall be uniform throughout the State; except that in Montgom-
ery County and other counties and the City of Baltimore, the
Court may have such jurisdiction over juvenile causes as is
provided by law.

SEC. 41B.143 The District Court shall consist of the number of
judges prescribed by law. The State shall be divided by law into
districts. Each district shall consist of one county or two or more
entire and adjoining counties. The number of judges shall be
allocated among the districts by law, and there shall be at least
one District Court judge resident in each district. In any district
containing more than one county, there shall be at least one
District Court judge resident in each county in the district.
Functional divisions of the District Court may be established in
any district.

SEC. 41C.144 Each District Court judge shall devote full time to
his judicial duties, shall have the qualifications prescribed by
Section 2 of this Article, and shall be a resident of the district in
which he holds office. The number of judges for any district may
be increased or decreased by the General Assembly from time to
time, subject to the requirements of Section 41B of this Article,
and any vacancy so created shall be filled as provided in Section
41D of this Article.

SEC. 41D.145 The Governor, by and with the advice and
consent of the Senate, shall appoint each judge of the District
Court whenever for any reason a vacancy shall exist in the office.
All hearings, deliberations, and debate on the confirmation of
appointees of the Governor shall be public, and no hearings,
deliberations or debate thereon shall be conducted by the Senate
or any committee or subcommittee thereof in secret or executive
session. Confirmation by the Senate shall be made upon a
majority vote of all members of the Senate. A judge appointed by
the Governor may take office upon qualification and before
confirmation by the Senate, but shall cease to hold office at the
close of the regular annual session of the General Assembly next
following his appointment or during which he shall have been
appointed by the Governor, if the Senate shall not have confirmed
his appointment before then. Each judge appointed by the
Governor and confirmed by the Senate shall hold the office for a
term often years or until he shall have attained the age of seventy
years whichever may first occur. If the ten year term of a judge
shall expire before that judge shall have attained the age of

142 Referring to the People's Courts, this section originally was added
by Chapter 163, Acts of 1939, ratified Nov. 5,1940, and amended by
Chapter 575, Acts of 1959, ratified Nov. 8, 1960. It was repealed and
a new section concerning the District Court was enacted by Chapter
789, Acts of 1969, ratified Nov. 3, 1970, and amended by Chapter
544, Acts of 1976, ratified Nov. 2, 1976.
'•"Added by Chapter 163, Acts of 1939, ratified Nov. 5, 1940.
Repealed and a new section enacted by Chapter 789, Acts of 1969,
ratified Nov. 3, 1970.
'"Added by Chapter 373, Acts of 1959, ratified Nov. 8, 1960.
Repealed and a new section enacted by Chapter 789, Acts of 1969,
ratified Nov. 3, 1970.
'•"Sections 41D through 411 added by Chapter 789, Acts of 1969,
ratified Nov. 3, 1970.

Article IV

seventy years, that judge shall be reappointed by the Governor,
with the Senate's consent, for another ten year term or until he
shall have attained the age of seventy years, whichever may first
occur. To the extent inconsistent herewith, the provisions of
Section 3 and 5 of this Article shall not apply to judges of the
District Court.

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 pleasure. 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 administration of the District Court as may be prescribed
by rule or by taw.

SEC. 41F. 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 pleasure, and upon the recommendation of
the administrative 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 District
Court whose appointment, term, and compensation shall be
prescribed by law. The Chief Judge of the District Court, upon
recommendation of the respective administrative 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 commissioners in the
number and with the qualifications and compensation prescribed
by law. Commissioners in a district shall be appointed by and
serve at the pleasure of the Administrative Judge of the district,
subject to the approval of the Chief Judge of the District Court.
Commissioners may exercise power only with respect to warrants
of arrest, or bail or collateral or other terms of pre-trial release
pending hearing, or incarceration pending 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.'46 For the purpose of implementing the amendments
to Articles IV, XV and XVII of this Constitution, establishing the
District Court, the following provisions shall govern.

(a) The provisions of Section 41D of this Article shall govern
initial vacancies in the office of judge of the District 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 residence (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 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
respecting 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
preceding provisions of this subsection shall be pursuant to
Section 41D of this Article. No People's Court judge, judge of the

'•"Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

 



 
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Maryland Manual, 1985-86
Volume 182, Page 696   View pdf image (33K)
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