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Maryland Manual, 1987-88
Volume 183, Page 771   View pdf image (33K)
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SEC. 36. 136 Vacant.
SEC. 37. 137 Vacant.

1 IS

SEC. 38. "" Vacant.
SEC. 39. 139 Vacant.

Part V—Orphans' Court.

140
SEC. 40. The qualified voters of the City of Baltimore,

and of the several Counties, except Montgomery County and
Harford County, shall elect three Judges of the Orphans' Courts
of City and Counties, respectively, who shall be citizens of the
State and residents for the twelve months preceding, in the City
or County for which they may be elected. They shall have all
the powers now vested in the Orphans' Courts of the State, sub-
ject to such changes as the Legislature may prescribe. Each of
the Judges shall be paid such compensation as may be regulated
by Law, to be paid by the City or Counties, respectively. In case
of a vacancy in the office of Judge of the Orphans' Court, the
Governor shall appoint, subject to confirmation or rejection by
the Senate, some suitable person to fill the vacancy for the resi-
due of the term.

141
SEC. 41. There shall be a Register of Wills in each county

of the State, and the City of Baltimore, to be elected by the legal
and qualified voters of said counties and city, respectively, who
shall hold his office for four years from the time of his election
and until his successor is elected and qualified; he shall be re-eli-
gible, 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 oc-
curs, 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. The District Court shall have the original ju-
risdiction 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 pro-
vided by law.

SEC. 41B. The District Court shall consist of the number
of judges prescribed by law. The State shall be divided by law in-
to 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

Constitution of Maryland/771

one District Court judge resident in each county in the district.
Functional divisions of the District Court may be established in
any district.

144
SEC. 41C. Each District Court judge shall devote full

time to his judicial duties, shall have the qualifications pre-
scribed 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 provid-
ed in Section 4 ID of this Article.

SEC. 41D. 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 of-
fice. 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 major-
ity vote of all members of the Senate. A judge appointed by the
Governor may take office upon qualification and before confir-
mation by the Senate, but shall cease to hold office at the close
of the regular annual session of the General Assembly next fol-
lowing his appointment or during which he shall have been ap-
pointed by the Governor, if the Senate shall not have confirmed
his appointment before then. Each judge appointed by the Gov-
ernor and confirmed by the Senate shall hold the office for a
term of ten years or until he shall have attained the age of seven-
ty years whichever may first occur. If the ten year term of a
judge shall expire before that judge shall have attained the age of
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 Sec-
tions 3 and 5 of this Article shall not apply to judges of the Dis-
trict Court.

SEC. 41E. The Chief Judge of the Court of Appeals shall des-
ignate 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 law.

SEC. 41F. The Chief Judge of the District Court shall ap-
point, to serve at his pleasure, a Chief Clerk of that Court. He
shall also appoint, to serve at his pleasure, and upon the recom-
mendation of the administrative judge of the district, a chief ad-
ministrative 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

 

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

'"Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chap-
ter 523, Acts of 1980, ratified Nov. 4, 1980.

"'Amended by Chapter 889, Acts of 1974, Nov. 5, 1974. Repealed by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
""Added by Chapter 313, Acts of 1892, ratified Nov. 7, 1893. Amended by Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Re-
pealed by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.

'"Amended by Chapters 99 and 124, Acts of 1956, ratified Nov. 6, 1956; Chapter 744, Acts of 1963, ratified Nov. 3, 1964; Chapter
374, Acts of 1972, ratified Nov. 7, 1972; Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
"'Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.

'"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.



 
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Maryland Manual, 1987-88
Volume 183, Page 771   View pdf image (33K)
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