760/Maryland Manual

four years commencing on January 1 following the expira
tion of his predecessor's term Whenever any member of
the Commission appointed from among pudges 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 be a resident of the State, in such
case the membership of this member shall forthwith tcr
inmate 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 Corn
mission shall receive any compensation for his services as
such but shall be allowed any expenses necessanly incurred
in the performance of his dunes as such member

SEC. 4B.¹⁰¹ (a) The Commission on Judicial Dis
abilities 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 prosecu
tion or from penalty or forfeiture The Commission has the
power to issue a reprimand and the power to recommend
to the Court of Appeals the removal, censure or other
appropnate 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 ofAppeals 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) Upon 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 the judge
from office or may censure or otherwise discipline him, or
the Court ofAppeals, 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
privileges prescribed by law for other retired judges No
judge of the Court ofAppeals 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

Article IV

tions 3 and 4 of this Article, and in Section 26 of Article
III of this Constitution

SEC. 5.¹⁰² Upon every occurrence or recurrence of a
vacancy through death, resignation, removal, disquahfica
tion by reason of age or otherwise, or expiration of the term
of fifteen years of any 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 of the 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
in any other way than through expiration of such term
Except in case ofreappointment of a judge upon expiration
of his term of fifteen years, no person shall be appointed
who will become disqualified by reason of age and thereby
unable to continue to hold office until the prescribed time
when his successor would have been elected

SEC. 5A.¹⁰³ (a) A vacancy in the office of a judge of
an appellate court, whether occasioned by the death, resig
nation, 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 appoint, by and with ihc advn.c <ind i-unscnt 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 expira
tion 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 proscribed 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

(c) 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
appropnate 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