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Maryland Manual, 1991-92
Volume 185, Page 759   View pdf image (33K)
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provisions of this section or with any other provision or
provisions of the Constitution of Maryland.

(c) The General Assembly of Maryland, by public local
law, may establish or authorize the establishment of a
public body or agency to undertake in a county or
municipal corporation (other than Baltimore City) the
activities authorized by this section, and may provide that
any or all of the powers, except the power of taxation,
herein authorized to be granted to such county or
municipal corporation shall be vested in such public body
or agency or in any existing public body or agency.

(d) The General Assembly may place such other and
further restrictions or limitations on the exercise of any of
the powers provided for in this section, as it may deem
proper and expedient.

(e) The provisions of this section are independent of,
andshallinnoway afTect, the powers granted under Article
XIB of the Constitution of Maryland, tide "City of Bal-
timore—Land Development and Redevelopment." Also,
the power provided in this section for the General Assemb-
ly to enact public local laws authorizing any municipal
corporation or any county to carry out urban renewal
projects prevails over the restrictions contained in Article
XI-A "Local Legislation" and in Article XI-E "Municipal
Corporations" of this Constitution.

ARTICLE IV

JUDICIAKr DEEAKTMENT.

Part I—General Provisions.

SECTION I.95 The Judicial power of this State is
vested in a Court of Appeals, such intermediate courts of
appeal as the General Assembly may create by law, Circuit
Courts, Orphans' Courts, and a District Court.Thesc Courts
shall be Courts of Record, and each shall have a seal to be
used in the authentication of all process issuing from it.

SEC. 1A.96 The several Courts existing in this State at
the time of the adoption of this Constitution shall, until
superseded under its provisions, continue with like powers
and jurisdiction, and in the exercise thereof, both at Law
and in Equity in all respects, as if this Constitution had not
been adopted; and when said Courts shall be so super-
seded, all causes, then depending in said Courts shall pass
into the jurisdiction of the several Courts, by which they
may, respectively be superseded.

SEC. 2.97 The Judges of all of the said Courts shall be
citizens of the State of Maryland, and qualified voters under
this Constitution, and shall have resided therein not less
than five years, and not less than six months next preceding
their election, or appointment, as the case may be, in the
city count); district, judicial circuit, intermediate appellate
judicial circuit or appellate judicial circuit for which they
may be, respectively elected, or appointed. They shall be
nor less than thirty years of age at the time of their election,

Constitution ofMsvrylond/759

or appointment, and shall be selected from those who have
been admitted to practice Law in this Slate, and who are
most distinguished for integrity wisdom and sound legal
knowledge.

SEC. 3.98 Except for Judges of the District Court, the
Judges of the several Courts other than the Court of
Appeals or any intermediate courts of appeal shall, subject
to the provisions of Section 5 of this Article of the Con-
stitution, be elected in Baltimore City and in each county
by the qualified voters of the city and of each county
respectively all of the said Judges to be elected at the
general election to be held on the Tuesday after the first
Monday in November, as now provided for in the Con-
stitution. Each of the said Judges shall hold his office for
the term of fifteen years from the time of his election, and
until his 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 from office.

SEC. 3A.99 (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, ofincompcten-
cy of wilful neglect of duty, misbehavior in office, or any
other crime, or on impeachment, according to this Con-
stitution, or the Laws of the State; or on the address of the
General Assembly 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
making his defence.

SEC. 4A.100 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. Bour 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 are admitted to practice of law
in the State, who have been so engaged for at least fifteen
years, and who are not j udgcs 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

 

95 Amended by Chapter 10, Acts of 1966, ratified Nov. 8,1966, Chapter 789, Acts of 1969, ratified Nov. 3,1970, Chapter 681,
Acts of 1977, ratified Nov 7,1978, Chapter 523, Acts of 1980, ratified Nov 4,1980

96 Transferred from Article XV, sec 2, and amended by Chapter 681, Acts of 1977, ratified Nov. 7,1978

97 Amended by Chapter 10, Acts of 1966, ratified Nov 8,1966, Chapter 789, Acts of 1969, ratified Nov. 3,1970, Chapter 542,
Acts of 1976, ratified Nov. 2,1976

98 Amended by Chapter 479, Acts of 1931, ratified Nov 8, 1932, Chapter 607, Acts of 1953, ratified Nov. 2,1954, Chapter 10,
Acts of 1966, ratified Nov 8,1966, Chapter 542, Acts of 1976, ratified Nov 2,1976, Chapter 681, Acts of 1977, ratified
Nov 7,1978

99 Added by Chapter 546, Acts of 1976, ratified Nov 2,1976

100 Amended by Chapter 773, Acts of 1965, ratified Nov 8,1966, Chapter 789, Acts of 1969, ratified Nov. 3,1970, Chapter
681, Acts of 1977, ratified Nov 7,1978, Chapter 523, Acts of 1980, ratified Nov 4,1980.



 
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Maryland Manual, 1991-92
Volume 185, Page 759   View pdf image (33K)
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