654/Maryland Manual

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
retire said Judge horn office.

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 withstand-
ing provisions appearing elsewhere in this Article pertain-
ing to retirement of judges upon attaining age 70.

SEC. 4. Any Judge shall be removed from office by the
Governor, on conviction in a Court of Law, of incompe-
tency, of wilful neglect of duty, misbehavior in office, or any
other crime, or on impeachment, according to this Consti-
tution, or the Laws of the State; or on the address of the
General Assemble two-thirds of each House concurring in
such address, and the accused having been notified of the
charges against him, and having had opportunity of mak-
ing his defence.

SEC. 4A. There is created a Commission on Judicial
Disabilities 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 arc admitted to practice of law
in the State, who have been so engaged for at least fifteen
years, and who are not judges of any court; and one member
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 expira-
tion of his predecessors term. Whenever any member of the
Commission appointed 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 De a resident of the State, in such case
the membership of this member shall forthwith 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
receive any compensation for his services as such but shall
be allowed any expenses necessarily incurred in the perfor-
mance of his duties as such member.

Article W

SEC. 4B." (a) The Commission on Judicial Disabili-
ties 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 prose-
cution or from penalty or forfeiture. The Commission has
the power to issue a reprimand and the power to recom-
mend 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 shall be confidential and privileged, except
as provided by rule of the Court of Appeals; the record and
any proceeding filed with the Court of Appeals shall lose its
confidential character, except as ordered by the Court of
Appeals. No judge shall participate as a member of the
Commission in any proceedings involving his own conduct,
and the Governor shall appoint another judge as a substitute
member of the Commission for those proceedings. The
Court of Appeals shall prescribe by rule the means to
implement and enforce the powers of the Commission and
the practice and procedure before the Commission.

(b) L^n any recommendation of the Commission, the
Court of Appeals, after a hearing and upon a finding of
misconduct while in office, or of persistent failure to per-
form the duties of his office, or of conduct prejudicial to
the proper administration of justice, may remove thejudge
from office or may censure or otherwise discipline him, or
the Court of Appeals, after hearing and upon a finding of
disability which is or is likely to become permanent and
which seriously interferes with the performance of his
duties, may retire the judge from office. A judge removed
under this section, and his surviving spouse, shall have the
rights and privileges accruing from his judicial service only
to the extent prescribed by the order of removal. A judge
retired under this section shall have the rights and privi-
leges prescribed by law for other retired judges. No judge
ofthe Court of Appeals shall sit in judgment in any hearing
involving his own conduct.

(c) This section is alternative to, and cumulative with,
the methods of retirement and removal provided in Sec-
tions 3 and 4 of this Article, and in Section 26 of Article
III of this Constitution.

SEC. 5.100 Upon every occurrence or recurrence of a
vacancy through death, resignation, removal, disqualifica-
tion by reason of age or otherwise, or expiration ofthe term
of fifteenyears ofany judge of a circuit court, or creation
of the office of any such judge, or in any other way, the
Governor shall appoint a person duly qualified to fill said
office, who shall hold the same until the election and
qualification of his successor. His successor shall be elected
at the first biennial general election for Representatives in
Congress after the expiration ofthe term of fifteen years (if
the vacancy occurred in that way) or the first such general
election after one year after the occurrence of the vacancy