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Maryland Manual, 1989-90
Volume 184, Page 655   View pdf image (33K)
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in any other way than through expiration of such term.
Except in case of rcappointmentof a judge upon expiration
of his term of fifteen years, no person shall be sp^nted
who will become disqualified by reason of age ana thereby
unable to continue to hold office until the prescribed time
when his successor would have been elected.

SEC. 5A.101 (a) A vacancy in the office of a judge of
an appellate court, whether occasioned by the death, res-
ignation, removal, retirement, disqualification by reason of
age, or rejection by the voters of an incumbent, the creation
of the office of a judge, or otherwise, shall be filled as
provided in this section.

(b) Upon the occurrence of a vacancy the Governor
shall ap^M, by and with the advice and consent of the
Senate, a person duly qualified to fill said office who shall
hold the same until the election for continuance in office
as provided in subsections (c) and (d).

(c) The continuance in office of a judge of the Court of
Appeals is subject to approval or rejection by the registered
voters of the appellate judicial circuit from which he was
appointed at the next general election following the expi-
ration of one year from the date of the occurrence of the
vacancy which he was appointed to fill, and at the general
election next occurring every ten years thereafter.

(d) The continuance in office of a judge of the Court of
Special Appeals is subject to approval or rejection by the
registered voters of the geographical area prescribed by law
at the next general election following the expiration of one
year from the date of the occurrence of the vacancy which
he was appointed to fill, and at the general election next
occurring every ten years thereafter.

(e) The approval or rejection by the registered voters
of a judge as provided for in subsections (c) and (d) shall
be a vote for the judge's retention in office for a term often
years or his removal. The judge's name shall be on the
appropriate ballot, without opposition, and the voters shall
vote yes or no for his retention in office. If the voters reject
the retention in office of a judge, or if the vote is tied, the
office becomes vacant ten days after certification of the
election returns.

(f) An appellate court judge shall retire when he attains
his seventieth birthday.

(g) A member of the General Assembly who is other-
wise qualified for appointment to judicial office is not
disqualified by reason of his membership in a General
Assembly which proposed or enacted any constitutional
amendment or statute affecting the method of selection.
Continuance in office, or retirement or removal of a judge,
the creation or abolition of a court, an increase or decrease
in the number of judges of any court, or an increase or
decrease in the salary, pension or other allowances of any
judge.

SEC. 6.102 All Judges shall, by virtue of their offices,
be Conservators of the Peace throughout the State; and no
fees, or perquisites, commission, or reward of any kind shall
be allowed to any Judge in this State, besides his annual
salary, for the discharge of any Judicial duty.

Constitution of Maryland/655

SEC. 7. No Judge shall sit in any case wherein he may
be interested, or where either of the parties may be con-
nected with him, by affinity or consanguinity, within such
degrees as now are, or may hereafter be prescribed by Law,
or where he shall have been of counsel in the case.

SEC. 8. (a) The parties to any cause may submit
the same to the Court for determination without the aid
of a jury.

(b) In all cases of presentments or indictments for
offenses that are punishable by death, on suggestion in
writing under oath of either of the parties to the proceed-
ings that the party cannot have a fair and impartial trial in
the court in which the proceedings may be pending, the
court shall order and direct the record of proceedings in the
presentment or indictment to be transmitted to some other
court having jurisdiction in such case for trial.

(c) In all other cases of presentment or indictment, and
in all suits or actions at law or issues from the Orphans'
Court pending in any of the courts of law in this State
which have jurisdiction over the cause or case, in addition
to the suggestion in writing of either of the parties to the
cause or case that the party cannot have a fair and impartial
trial in the court in which the cause or case may be pending,
it shall be necessary for the party making the suggestion to
make it satisfactorily appear to the court that the suggestion
is true, or that there is reasonable ground for the same; and
thereupon the court shall order and direct the record of the
proceedings in the cause or case to be transmitted to some
other court, having jurisdiction in the cause or case, for
trial. The right of removal also shall exist on suggestion in
a cause or case in which all the judges of the court may be
disqualified under the provisions of this Constitution to sit.
The court to which the record of proceedings in such suit
or action, issue, presentment or indictment is transmitted,
shall hear and determine that cause or case in the same
manner as if it had been originally instituted in that court.
The General Assembly shall modify the existing law as may
be necessary to regulate and give force to this provision.

SEC. 9.10* The Judge, or Judges of any Court, may
appoint such officers for their respective Courts as may be
found necessary. The General Assembly may provide, by
Law, for compensation for all such officers; and the said
Judge or Judges shall, from time to time, investigate the
expenses, costs and charges of their respective courts, with
a view to a change or reduction thereof, and repo^t the result
of such investigation to the General Assembly for its action.

SEC. 10.105 (a) The Clerks of the several Courts,
created, or continued by this Constitution, shall have
charge and custody of the records and other papers, shall
perform all the duties which appertain to their several
offices, as the same now are, or may hereafter be regulated
by Law. And the office and business of said Clerks, in all
their departments, shall be subject to the visitorial power
of the Judges of their respective Courts, who shall exercise
the same, from time to time, so as to insure the faithful
performance of the duties of said officers; and it shall be
the duty of the Judges of said Courts respectively, to make,
from time to time, such rules and regulations as may be
necessary and proper for the government of said Clerks,
and for the performance of the duties of their offices, which

101   Added by Chapter 551, Acts of 1975, ratified Nov. 2,1976.

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

103   Amended by Chapter 364, Acts of 1874, ratified Nov. 2,1875, and by Chapter 524, Acts of 1980, ratified Nov. 4,1980.

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

105   Amended by Chapter 722, Acts of 1986, ratified Nov. 4,1986.

 

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Maryland Manual, 1989-90
Volume 184, Page 655   View pdf image (33K)
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