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Maryland Manual, 1994-95
Volume 186, Page 854   View pdf image
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854 /Maryland Manual 1994-1995

be allowed any expenses necessarily incurred in the per-
formance of his duties as such member.

SEC. 4B.102 (a) The Commission on Judicial Disabili-
ties 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 prose-
cution or from penalty or forfeiture. The Commission has
the power to issue a reprimand and the power to recom-
mend to the Court of Appeals the removal, censure or other
appropriate 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 of Appeals 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 of Appeals, 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
dunes, 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 privi-
leges prescribed by law for other retired judges. No judge
of the Court of Appeals 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-
dons 3 and 4 of this Article, and in Section 26 of Article
III of this Constitution.

SEC. 5.103 Upon every occurrence or recurrence of a
vacancy through death, resignation, removal, disqualifica-
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

Article IV

election after one year after the occurrence of the vacancy
in any other way than through expiration of such term.
Except in case of reappointment 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.104 (a) A vacancy in the office of a judge of
an appellate court, whether occasioned by the death, res-
ignation, 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 the advice and consent 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 expi-
ration 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 prescribed 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.

(e) 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 of ten years
or his removal. The judge's name shall be on the appropriate
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
disqualified by reason of his membership in a General
Assembly which proposed or enacted any constitutional
amendment or statute affecting the method of selection.
Continuance in office, or retirement or removal of a judge,
the creation or abolition of a court, an increase or decrease
in the number of judges of any court, or an increase or
decrease in the salary, pension or other allowances of any
judge.

SEC. 6.105 All Judges shall, by virtue of their offices,
be Conservators of the Peace throughout the State; and no
fees, or perquisites, commission, or reward of any kind shall
be allowed to any Judge in this State, besides his annual
salary, for the discharge of any Judicial duty.

 

102 Amended by Chapter 773, Acts of 1965, ratified Nov. 8, 1966; Chapter 789, Acts of 1969, ratified Nov. 3,1970; Chapter
886, Acts of 1974, ratified Nov. 5,1974; Chapter 523, Acts of 1980, ratified Nov. 4, 1980.

103 Amended by Chapter 417, Acts of 1880, ratified Nov. 8, 1881; Chapter 772, Acts of 1943, ratified Nov. 7,1944; Chapter
703, Acts of 1945, ratified Nov. 5,1946; Chapter 551, Acts of 1975, ratified Nov. 2, 1976; Chapter 523, Acts of 1980,
ratified Nov. 4, 1980.

104 Added by Chapter 551, Acts of 1975, ratified Nov. 2,1976.

105 Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.



 
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Maryland Manual, 1994-95
Volume 186, Page 854   View pdf image
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