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Maryland Manual, 1987-88
Volume 183, Page 770   View pdf image (33K)
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770/Maryland Manual

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

(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 circuit 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 con-
stitute a quorum for the transaction of any business.

(e) The terms of the circuit courts shall be determined by law.

(f) A person is not ineligible for appointment or election as a
judge because he was a member of the General Assembly at a
time when the number or salary of judges were increased or de-
creased.

SEC. 21A. Ifthe amendments to sections 3 and 21 of Ar-
ticle IV proposed by House Bill 972, Senate Bill 390 (1976) and
the amendments to those sections proposed by House Bill 1048
(1976) are ratified by the voters at the election in Nov. 1976, the
amendments to those sections proposed in House Bill 972, Sen-
ate Bill 390 (1976) shall take effect.

SEC. 22. 121 Where any Term is held, or trial conducted by
less than the whole number of said Circuit Judges, upon the de-
cision or determination of any point, or question, by the Court,
it shall be competent to the party, against whom the ruling or
decision is made, upon motion, to have the point, or question re-
served 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 record, 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 ap-
peal, 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,

Article IV

SEC. 23. 122 The Judges of the respective Circuit Courts of
this State shall render their decisions, in all cases argued before
them, or submitted for their judgment, within two months after
the same shall have been so argued or submitted.

SEC. 24. 12 The salary of each Chief Judge and of each As-
sociate Judge of the Circuit Court shall not be diminished dur-
ing 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 plu-
rality 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 misde-
meanor 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 general 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 confir-
mation of the Judges of their respective Courts, as many depu-
ties under them, as the Judges shall deem necessary, to pcrfumi,
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 Wash-
ington County, all deputy clerks and other employees of the of-
fice of the clerk shall be appointed and be removable according
to the merit system procedure established by law for these depu-
ties and clerks. All deputy clerks and other employees of the of-
fice of the Clerk of the Criminal Court of Baltimore City, ex-
cepting the Clerks, shall be selected pursuant to and be
removable according to a procedure established by law for these
deputies and clerks.

Part IV—Courts of Baltimore City
SEC. 27. 126 Vacant.
SEC. 28. 127 Vacant.

1 10

SEC. 29. Vacant.
SEC. 30. 129 Vacant.
SEC. 31. 130 Vacant.
SEC.31A. 131 Vacant.
SEC. 32. 132 Vacant.

SEC. 33. 133 Vacant.

1 U
SEC. 34. Vacant.

SEC. 35. 135 Vacant.

 

""Added by Chapter 542, Acts of 1976, ratified Nov. 2, 1976.

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

'"Amended by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.

'"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.

'"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.

""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.

'"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.

'"Amended by Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.

'"Added by Chapter 116, Acts of 1924, ratified Nov. 2, 1926. Repealed by Chapter 617, Acts of 1968, ratified Nov. 5, 1968.

'"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.

""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.



 
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Maryland Manual, 1987-88
Volume 183, Page 770   View pdf image (33K)
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