762/Maryland Manual

ofPnnce George's, Calvcrt, Charles and St Mary's coun
ties, one from the Fifth Appellate Judicial Circuit, consist
ing ofAnnc Arundel, Carroll and Howard counties, and
two from the Sixth Appellate Judicial Circuit, consisting of
Baltimore City The Judges of the Court of Appeals shall
be residents of their respective Appellate Judicial Circuits
The term of each Judge of the Court of Appeals shall begin
on the date of his qualification One of the Judges of the
Court of Appeals shall be designated by the Governor as
the Chief Judge The jurisdiction of the Court of Appeals
shall be co extensive with the limits of the State and such
as now is or may hereafter be prescribed by law It shall
hold its sessions in the City of Annapolis at such time or
times as it shall from time to time by rule prescribe Its
session or sessions shall continue not less than ten months
in each year, if the business before it shall so require, and it
shall be competent for the judges temporarily to transfer
their sittings elsewhere upon sufficient cause The salary of
each Judge of the Court of Appeals shall be that now or
hereafter prescribed by the General Assembly and shall not
be diminished dunng his continuance in office Five of the
judges shall constitute a quorum, and five judges shall sit
in each case unless the Court shall direct that an additional
judge or judges sit for any case The concurrence of a
majority of those sitting shall be sufficient for the decision
of any cause, and an equal division of those sitting in a case
has the effect of affirming the decision appealed from if
there is no application for reargument as hereinafter
provided In any case where there is an equal division or a
three to two division of the Court a reargument before the
full Court of seven judges shall be granted to the losing
party upon application as a matter of right

SEC. 14A.¹¹² The General Assembly may by law
create such intermediate courts of appeal as may be neces
sary The General Assembly may proscribe the intermediate
appellate jurisdiction of these courts of appeal, and all other
powers necessary for the operation of such courts

SEC. 14B.¹¹³ No member of the General Assembly
at which the addition of Section 14A was proposed, if
otherwise qualified, shall be ineligible for appointment or
election as a judge of any intermediate court of appeal,
established by law by the General Assembly pursuant to
said Section 14A, by reason of his membership in such
General Assembly

SEC. 13.¹¹⁴ Any Judge of the Court of Appeals or of
an intermediate court of appeal who heard the cause below
either as a trial Judge or as a Judge of any intermediate
court of appeal as the case may be, shall not participate in
the decision In every case an opinion, in writing, shall be
filed within three months after the argument or submission
of the cause, and the judgment of the Court of Appeals
shall be final and conclusive

SEC. 16.¹¹⁵ Provision shall be made by Law for
publishing Reports of all causes, argued and determined in
the Court of Appeals and in the intermediate courts of

Article IV

appeal, which the Judges thereof, respectively; shall desig
nate as proper for publication

SEC. 17.¹¹⁶ There shall be a Clerk of the Court of
Appeals, who shall be appointed by and shall hold his office
at the pleasure of said Court of Appeals

SEC. 18 ¹¹⁷ (a) The Court of Appeals from time to
time shall adopt rules and regulations concerning the prac
tice and procedure in and the administration of the appel
late courts and in the other courts of this State, which snail
have the force of law until rescinded, changed or modified
by the Court of Appeals or otherwise by Taw The power
of courts other than the Court of Appeals to make rules of
practice and procedure, or administrative rules, shall be
subject to the rules and regulations adopted by the Court
of Appeals or otherwise by law

(b)¹¹⁸ The Chief Judge of the Court of Appeals shall be
the administrative head of the Judicial system of the State
He shall from time to time require, from each of the judges
of the Circuit Courts, of the District Court and of any
intermediate courts of appeal, reports as to the judicial work
and business of each of the judges and their respective courts
He may in case of a vacancy or of the illness, disquahfication
or other absence of a judge or for the purpose of relieving
an accumulation of business in any court assign any judge
except a judge of the Orphans' Court to sit temporarily in
any court except an Orphans' Court Any judge assigned by
the Chief Judge of the Court of Appeals pursuant to this
section has all the power and authority pertaining to a Judge
of the court to which he is so assigned, and his power and
authority shall continue with respect to all cases (including
any motion, or other matters incidental thereto) which may
come before him by virtue of such assignment until his action
thereon shall be completed In the absence of the Chief
Judge of the Court of Appeals, the provisions of this section
shaff be applicable to the scniorJudge present in the Court
of Appeals The powers of the Chief Judge set forth in this
section shall be subject to any rule or regulation adopted by
the Court of Appeals

SEC 18A¹¹⁹ Vacant

PartRA—Interim Provisions

SEC. 18B.¹²⁰ (a) For the purpose of implementing
the amendments to this article, dealing with the selection
and tenure of appellate court judges, the following
provisions shall govern

(b) Each judge of an appellate court who is in office for
an elected term on the effective date of these amendments,
unless he dies, resigns, retires, or is otherwise lawfully
removed, shall continue in office until the general election
next after the end of his elected term, or until his seventieth
birthday, whichever first occurs His continuance in office
is then subject to the provisions of section 5A (c) and (d)
of this article, applicable to judges of that court, but in no