660/Maryland Manual

SEC. 41D.147 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 office. All hearings, deliberations, and debate on the
confirmation of ap^alces of the Governor shall be public,
and no hearings, deliberations or debate thereon shall be
conducted by the Senate or any committee or subcommit-
tee thereof in secret or executive session. Confirmation by
the Senate shall be made upon a majority vote of all
members of the Senate. A judge appointed by the Gover-
nor 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 following his appointment or during which he shall
have been appointed by the Governor, ifthe Senate shall
not have confirmed his appointment before then. Each
judge appointed by the Governor and confirmed by the
Senate shall hold the office for a term often years or until
he shall have attained the age of seventy years whichever
may first occur. Ifthe 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 Section 3 and 5 of this Article shall not apply
to judges of the District Court.

SEC. 41E. The Chief Judge of the Court of Appeals
shall designate one judge of me 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 admin-
istrative 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
appoint, to serve at his pleasure, a Chief Clerk of that Court.
He shall also appoint, to serve at his pleasure, and upon the
recommendation of the administrative judge of the district,
a chief administrative clerk for each district. The chief clerk
shall perform such duties in the administration of the Dis-
trict Court as may be assigned him by the chief judge or as
may be prescribed by rule or by law. Each chief administra-
tive clerk shall perform such duties in the administration of
the District Court as may be assigned him by the adminis-
trative 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, ana compensation shall be
prescribed by law. The Chief Judge of the District Court,
upon recommendation of the respective administrative
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 warrants of arrest, or bail or
collateral or other terms of pre-trial release pending hearing,

Article IV

or incarceration ponding hearing, and then only as pre-
scribed 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.

SEC. 41-1. ** For the purpose of implementing the
amendments to Articles IV, XV and XVII of this Constitu-
tion, establishing the District Court, the following provis-
ions shall govern.

(a) The provisions of Section 41D of this Article shall
govern initial vacancies in the office of judge of the District
Court. Each full-time judge of the Peopled Court of Balti-
more City the Municipal Court of Baltimore City, and of
the People's Courts of Anne Arundel, Montgomery, Prince
George s, Wicomico Counties 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 Baltimore 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 Dy the Governor, if the
Senate consents, in accordance with the provisions of
Section 41D of this Article, subject to the Provisions of the
Constitution respecting age, removal and retirement; pro-
vided 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 Article shall expire on the effec-
tive date of these amendments. Thereafter, retention of any
judge who is retained in office pursuant to the preceding
provisions of this subsection shall be pursuant to Section
41D 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 desig-
nated as trial magistrate of a People's Court, of the Munic-
ipal 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 Monday 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 HousingCourt
of Baltimore County 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 pulsed, 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 elec-
tion as a judge of the District Court by reason of his
membership in the General Assembly.

SEC. 42.149 Vacant.