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Maryland Manual, 1987-88
Volume 183, Page 766   View pdf image (33K)
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766/Maryland Manual

out urban renewal projects prevails over the restrictions con-
tained in Article XI-A "Local Legislation" and in Article XI-E
"Municipal Corporations" of this Constitution.

ARTICLE IV.
JUDICIARY DEPARTMENT.

Part I—General Provisions.

92
SECTION 1. 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.

93
SEC. 1A. 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time of the adoption of this Constitution shall, until superseded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 re-
spects, 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said Courts shall be so superseded, all causes, then depending in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by which they may, respectively, be superseded.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. 94 The Judges of all of the said Courts shall be citi-
zens 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 appel-
late 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.

95
SEC. 3. Except for Judges of the District Court, the Judges

of the several Courts other than the Court of Appeals or any in-
termediate courts of appeal shall, subject to the provisions of
Section 5 of this Article of the Constitution, be elected in Balti-
more City and in each county, by the qualified voters of the city
and of each county, respectively, all 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 Con-
stitution. 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 re-
tire said Judge from office.

Article III

96
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, not withstanding pro-
visions appearing elsewhere in this Article pertaining to retire-
ment of judges upon attaining age 70.

SEC. 4. Any Judge shall be removed from office by the Gover-
nor, 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 oppor-
tunity of making his defence.

97
SEC. 4A. There is created a Commission on Judicial Disa-
bilities 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 prac-
tice of law in the State, who have been so engaged for at least fif-
teen years, and who are not judges of any court; and one mem-
ber 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 prede-
cessor's term. Whenever any member of the Commission ap-
pointed 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 forth-
with 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 re-
ceive any compensation for his services as such but shall be al-
lowed any expenses necessarily incurred in the performance of
his duties as such member.

no

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

 

"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.

""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, 1987-88
Volume 183, Page 766   View pdf image (33K)
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