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Maryland Manual, 1989-90
Volume 184, Page 658   View pdf image (33K)
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658/MatyIand Manual

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
constitute a quorum for the transaction of any business.

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

(f) A person is not ineligible for appointment or elec-
tion 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 decreased.

SEC. 21A.122 If the amendments to sections 3 and 21
of Article 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, Senate Bill 390 (1976) shall
take effect.

SEC. 22.123 Where any Term is held, or trial con-
ducted by less than the whole number of said Circuit
Judges, upon the decision 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 reserved for the consider-
ation 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 appeal, or writ of
error to the Court of Appeals may be allowed by Law. The

Article W

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.

SEC. 23.124 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. 24.12S The salary of each Chief Judge and of each
Associate Judge of the Circuit Court shall not be dimin-
ished during his continuance in office.

SEC. 2S.126 There shall be a Clerk of the Circuit Court
for each County and Baltimore City, who shall be elected
by a plurality 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 misdemeanor 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. 26.127 The Clerks shall appoint, subject to the
confirmation of the Judges of their respoctive Courts, as
many deputies under them, as the Judges deem necessary,
to perform, together with themselves, the duties of the
office, who shall be removable by the Judges for incompe-
tency, or neglect of duty, and whose compensation shall be
determined by law. In Washington County, all deputy
clerks and other employees of the office of the clerk shall
be appointed and be removable according to the merit
system procedure established by law for these deputies and
employees. All deputy clerks and other employees of the
office of the Clerk of the Circuit Court for Baltimore City,
excepting the Clerk shall be selected and be removable
according to a procedure established by law for those
deputies and employees.

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

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

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

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

126   Amended by Chapter 99, Acts of 1956, ratified Nov. 6,1956; Chapter 523, Acts of 1980, ratified Nov. 4,1980.

127   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.

 

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Maryland Manual, 1989-90
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