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Maryland Manual, 1994-95
Volume 186, Page 853   View pdf image
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Maryland Manual 1994-1995

the powers provided for in this section, as it may deem
proper and expedient.

(e) The provisions of this section are independent of,
and shall in no way affect, the powers granted under Article
XIB of the Constitution of Maryland, title "City of Balti-
more—Land Development and Redevelopment." Also,
the power provided in this section for the General Assem-
bly 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.

JUDICIARY DEPARTMENT.

Part I—General Provisions.

SECTION 1.96 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. These 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.97 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superseded under its provisions, continue with like powers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may, respectively, be superseded.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. 2.98 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, county, district, judicial circuit, intermediate appellate
judicial circuit or appellate judicial circuit for which they
may be, respectively, elected, or appointed. They shall be
not less than thirty years of age at the time of their election,
or appointment, and shall be selected from those who have
been admitted to practice Law in this State, and who are
most distinguished for integrity, wisdom and sound legal
knowledge.

SEC. 3.99 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 Constitution, 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 Constitution. Each of the said Judges shall

Constitution of Maryland /8S3

hold his office for the term of fifteen years from the time
of his election, and until his successor is elected and quali-
fied, 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 Gov-
ernor to retire said Judge from office.

SEC. 3A.100 (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, of incompe-
tency, of wilful neglect of duty, misbehavior in office, or any
other crime, or on impeachment, according to this Consti-
tution, 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 mak-
ing his defence.

SEC. 4A.101 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. Four 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 judges 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
four years commencing on January 1 following the expira-
tion of his predecessor's term. Whenever any member of the
Commission appointed from among judges 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 terminate.
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 Commission shall
receive any compensation for his services as such but shall

 

96 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.

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

98 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.

99 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.

100 Added by Chapter 546, Acts of 1976, ratified Nov. 2, 1976.

101 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, 1994-95
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