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Maryland Manual, 1987-88
Volume 183, Page 772   View pdf image (33K)
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772/Maryland Manual

duties in the administration of the District Court as may be as-
signed 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 com-
pensation shall be prescribed by law. The Chief Judge of the
District Court, upon recommendation of the respective adminis-
trative 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 war-
rants of arrest, or bail or collateral or other terms of pre-trial re-
lease 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.

146
SEC. 41-1. For the purpose of implementing the amend-
ments to Articles IV, XV and XVII of this Constitution, estab-
lishing the District Court, the following provisions shall govern.

(a) The provisions of Section 4 ID 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 Mu-
nicipal Court of Baltimore City, and of the People's Courts of
Anne Arundel, Montgomery, Prince George's, Wicomico Coun-
ties 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 Bal-
timore 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
4 ID 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 Arti-
cle shall expire on the effective date of these amendments.
Thereafter, retention of any judge who is retained in office pur-
suant to the preceding provisions of this subsection shall be pur-
suant to Section 4 ID of this Article. No People's Court judge,
judge of the Housing Court of Baltimore County, or Justice of
the Peace shall be appointed or elected or exercise any power or
jurisdiction.

(b) Each full-time clerk of a justice of the peace designated as
trial magistrate of a People's Court, of the Municipal Court of
Baltimore City, and the chief constable of the People's Court of
Baltimore City who is in office on the day before the first Mon-
day in July, 1970, shall become a deputy clerk of the District
Court on the first Monday in July 1970. The taking effect of the
aforegoing amendments shall not of itself affect the tenure, term,
status, retirement, or compensation of any person then holding
public office, position, or employment in this State, except as
provided in the amendments.

(c) All statutory references to justices of the peace designated
as trial magistrates, to People's Courts, to the Municipal Court
of Baltimore City or to the Housing Court of Baltimore County,

Article IV

shall be deemed to refer to the District Court in the appropriate
district, county or Baltimore City, to the extent not inconsistent
with this Constitution.

(d) No member of the General Assembly at which these
amendments were proposed, or at which the number of or salary
of any such judges may have been increased or decreased by the
General Assembly from time to time, if otherwise qualified, is
ineligible for appointment or election as a judge of the District
Court by reason of his membership in the General Assembly.

SEC. 42. 147 Vacant.
SEC. 43. 148 Vacant.

Part VII—Sheriffs.

149
SEC. 44. There shall be elected in each county and in Bal-
timore City one person, resident in said county or City, above
the age of twenty-five years and for at least five years preceding
his election a citizen of the State, to the office of Sheriff. He shall
hold office for four years, until his successor is duly elected and
qualified, give such bond, exercise such powers and perform
such duties as now are or may hereafter be fixed by law.

In case of vacancy by death, resignation, refusal to serve, or
neglect to qualify or give bond, or by disqualification or removal
from the County or City, the Governor shall appoint a person to
be Sheriff for the remainder of the official term.

The Sheriff in each county and in Baltimore City shall receive
such salary or compensation and such expenses necessary to the
conduct of his office as may be fixed by law. All fees collected by
the Sheriff shall be accounted for and paid to the Treasury of the
several counties and of Baltimore City, respectively.

1 cr\

SEC. 45. Notaries Public may be appointed for each
county and the city of Baltimore, in the manner, for the pur-
pose, and with the powers now fixed, or which may hereafter be
prescribed by Law.

ARTICLE V.

ATTORNEY-GENERAL AND STATE'S
ATTORNEYS.

Attorney-General.

SEC. 1. There shall be an Attorney-General elected by the
qualified voters of the State, on general ticket, on the Tuesday
next after the first Monday in the month of November, nineteen
hundred and fifty-eight, and on the same day, in every fourth
year thereafter, who shall hold his office for four years from the
time of his election and qualification, and until his successor is
elected and qualified, and shall be re-eligible thereto, and shall
be subject to removal for incompetency, willful neglect of duty
or misdemeanor in office, on conviction in a Court of Law.

SEC. 2. All elections for Attorney-General shall be certified
to, and returns made thereof by the Clerks of the Circuit Courts
for the several counties, and the Clerk of the Superior Court of
Baltimore City, to the Governor of the State, whose duty it shall
be to decide on the election and qualification of the person re-
turned; and in case of a tie between two or more persons, to des-
ignate which of said persons shall qualify as Attorney-General,
and to administer the oath of office to the person elected.

 

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

'"Repealed by Chapter 789, Acts of 1969, ratified Nov. 3, 1970.

""Repealed by Chapter 789, Acts of 1969, ratified Nov. 3, 1970.

'•""Amendca by Chapter 845, Acts of 1914, ratified Nov. 3, 1914, Chapter 786, Acts of 1945, ratified Nov. 5, 1946; Chapter 55, Acts

of 1953, ratified Nov. 2, 1954; Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

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

'"Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.



 
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Maryland Manual, 1987-88
Volume 183, Page 772   View pdf image (33K)
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