event shall any judge continue in office after his seventieth
birthday
(c) Each judge of a court specified in subsection (b)
who is in office on the effective date of these amendments,
but who has not been elected to that office by the voters,
shall, within fifteen days after the effective date of these
amendments, be reappointed to that office His con
tinuance 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 event shall any judge continue in office
after his seventieth birthday
FUrtin—Circutt Courts
SEC. 19.121 The State shall be divided into eight
Judicial Circuits, in manner following, viz The Counties
of Worcester, Wicomico, Somerset, and Dorchester, shall
constitute the First Circuit, the Counties of Caroline, Tal-
bot. Queen Anne's, Kent and Cecil, the Second, the Coun
ties of Baltimore and Harford, the Third, the Counties of
Allegany Garrett, and Washington, the Fourth, the Coun
ties ofCarroll, Howard and Anne Arundel, the Fifth, the
Counties of Montgomery and Frederick, the Sixth, the
Counties of Pnnce George's, Charles, Calvert, and St
Mary's, the Seventh, and Baltimore City, the Eighth
SEC 20.122 (a) There shall be a Circuit Court for each
county and for Baltimore City The Circuit Courts shall
have and exercise, in the respective counties, and Baltimore
City, all the power, authority and jurisdiction, original and
appellate, which the Circuit Courts of the counties exer
ciscd on the effective date of these amendments, and the
greater or lesser jurisdiction hereafter prescribed by law
(b) The judges of the Circuit Courts for Montgomery
and Harford counties shall each, alternately and in rotation
and on schedules to be established by those judges, sit as
an Orphans' Court for their Counts and shall have and
exercise all the power, authority and jurisdiction which the
present Orphans' Courts now have and exercise, or which
may hereafter be provided by law
SEC. 21.123 (s) Subject to the provisions of subsection
(b) the General Assembly shall determine by law the
number of judges of the circuit court in each county and
circuit These judges shall be selected in accordance with
Sections 3 and 5 of this Article
(b) There shall be at least four circuit court judges
resident in each circuit, and at least one circuit court judge
shall be resident in each county There shall be at least two
such judges resident in Annc Arundel County, at least three
resident in Baltimore County, at least four resident in Pnnce
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
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Constttwtwn ofMMyland/763
(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. ZlA.'^Ifthe 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. 22.125 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 considera
tion 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, dunng 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 bunc,
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 wnt of error to the adverse party, in
those cases, civil or criminal, in which appeal, or wnc of
error to the Court of Appeals may be allowed by Law The
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 felon% 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. 23.126 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. 24.127 The salary of each Chief Judge and of each
Associate Judge of the Circuit Court shall not be
diminished dunng his continuance in office
SEC. 25.128 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
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121 Amended by Chapter 99, Acts of 1956, ratified Nov 6,1956
122 Amended by Chapter 744, Acts of 1963, ratified Nov 3,1964, Chapter 374, Acts of 1972, ratified Nov 7,1972, Chapter
681, Acts of 1977, ratified Nov 7,1978, Chapter 523, Acts of 1980, ratified Nov 4,1980
123 Amended by Chapter 515, Acts of 1912, ratified Nov 4,1913, Chapter 426, Acts of 1935, ratified Nov 3,1936, Chapter
494, Acts of 1937, ratified Nov 8,1938, Chapter 200, Acts of 1939, ratified Nov 5,1940, Chapter 494, Acts of 1941,
ratified Nov 3,1942, Chapter 772, Acts of 1943, ratified Nov 7,1944, Chapter 607, Acts of 1953, ratified Nov 2,1954,
Chapters 65 and 68, Acts of 1954, ratified Nov 2,1954, Chapters 642 and 761, Acts of 1959, ratified Nov 8,1960, Chapter
372, Acts of 1966, ratified Nov 8,1966, Chapter 542, Acts of 1976, ratified Nov 2,1976
124 Added by Chapter 542, Acts of 1976, ratified Nov 2,1976
125 Amended by Chapter 681, Acts of 1977, ratified Nov 7,1978
126 Amended by Chapter 523, Acts of 1980, ratified Nov 4,1980
127 Amended by Chapter 99, Acts of 1956, ratified Nov 6,1956
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