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Maryland Manual, 1994-95
Volume 186, Page 855   View pdf image
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Maryland Manual 1994-1995

SEC. 7. No Judge shall sit in any case wherein he may
be interested, or where either of the parties may be con-
nected with him, by affinity or consanguinity, within such
degrees as now are, or may hereafter be prescribed by Law,
or where he shall have been of counsel in the case.

SEC. 8.106 (a) The parties to any cause may submit
the same to the Court for determination without the aid
of a jury.

(b) In all cases of presentments or indictments for
offenses that are punishable by death, on suggestion in
writing under oath of either of the parties to the proceed-
ings that the party cannot have a fair and impartial trial in
the court in which the proceedings may be pending, the
court shall order and direct the record of proceedings in the
presentment or indictment to be transmitted to some other
court having jurisdiction in such case for trial.

(c) In all other cases of presentment or indictment, and
in all suits or actions at law or issues from the Orphans'
Court pending in any of the courts of law in this State
which have jurisdiction over the cause or case, in addition
to the suggestion in writing of either of the parties to the
cause or case that the party cannot have a fair and impartial
trial in the court in which the cause or case may be pending,
it shall be necessary for the party making the suggestion to
make it satisfactorily appear to the court that the suggestion
is true, or that there is reasonable ground for the same; and
thereupon the court shall order and direct the record of the
proceedings in the cause or case to be transmitted to some
other court, having jurisdiction in the cause or case, for
trial. The right of removal also shall exist on suggestion in
a cause or case in which all the judges of the court may be
disqualified under the provisions of this Constitution to sit.
The court to which the record of proceedings in such suit
or action, issue, presentment or indictment is transmitted,
shall hear and determine that cause or case in the same
manner as if it had been originally instituted in that court.
The General Assembly shall modify the existing law as may
be necessary to regulate and give force to this provision.

SEC. 9.107 The Judge, or Judges of any Court, may
appoint such officers for their respective Courts as may be
found necessary. The General Assembly may provide, by
Law, for compensation for all such officers; and the said
Judge or Judges shall, from time to time, investigate the
expenses, costs and charges of their respective courts, with
a view to a change or reduction thereof, and report the result
of such investigation to the General Assembly for its action.

SEC. 10.108 (a) (1) The Clerks of the Courts shall have
charge and custody of records and other papers and shall
perform all the duties which appertain to their offices, as
are regulated by Law. (2) The office and business of the
Clerks, in all their departments, shall be subject to and
governed in accordance with rules adopted by the Court
of Appeals pursuant to Section 18 of this article.

(b) The offices of the Clerks shall be funded through
the State budget. All fees, commissions, or other revenues

Constitution of Maryland /855

established by Law for these offices shall be State revenues,
unless provided otherwise by the General Assembly.

SEC. 11.109 The election for Judges, herein before
provided, and all elections for Clerks, Registers of Wills, and
other officers, provided in this Constitution, except State's
Attorneys, shall be certified, and the returns made, by the
Clerks of the Circuit Courts of the Counties, and the Clerk
of the Superior Court of Baltimore City, respectively, to the
Governor, who shall issue commissions to the different
persons for the offices to which they shall have been,
respectively, elected; and in all such elections for offices
other than judges of an appellate court, the person having
the greatest number of votes, shall be declared to be elected.

SEC. 12.110 In case of any contested election for Judges,
Clerks of the Courts of Law, and Registers of Wills, the
Governor shall send the returns to the House of Delegates,
which shall judge of the election and qualification of the
candidates at such election; and if the judgment shall be
against the one who has been returned elected, or the one
who has been commissioned by the Governor, the House of
Delegates shall order a new election within thirty days.

SEC. 13. All Public Commissions and Grants shall run
thus: "The State of Maryland, etc.," and shall be signed by
the Governor, with the Seal of the State annexed; all writs
and process shall run in the same style, and be tested, sealed
and signed, as heretofore, or as may hereafter be, provided
by Law; and all indictments shall conclude, "against the
peace, government and dignity of the State."

SEC. 13A.111 Vacant.

Part II—Courts of Appeal.

SEC. 14.112 The Court of Appeals shall be composed
of seven judges, one from the First Appellate Judicial
Circuit consisting of Cecil, Kent, Queen Anne's, Caroline,
Talbot, Dorchester, Wicomico, Worcester and Somerset
counties; one from the Second Appellate Judicial Circuit
consisting of Baltimore and Harford counties; one from the
Third Appellate Judicial Circuit, consisting of Allegany,
Frederick, Garrett, Montgomery and Washington counties;
one from the Fourth Appellate Judicial Circuit, consisting
of Prince George's, Calvert, Charles and St. Mary's coun-
ties; one from the Fifth Appellate Judicial Circuit, consist-
ing of Anne 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

 

106 Amended by Chapter 364, Acts of 1874, ratified Nov. 2, 1875; Chapter 524, Acts of 1980, ratified Nov. 4, 1980.

107 Amended by Chapter 523, Acts of 1980, ratified Nov. 4,1980.

108 Amended by Chapter 722, Acts of 1986, ratified Nov. 4,1986; Chapter 62, Acts of 1990, ratified Nov. 6,1990.

109 Amended by Chapter 551, Acts of 1975, ratified Nov. 2,1976.

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

111 Added by Chapter 796, Acts of 1943, ratified Nov. 7, 1944. Repealed by Chapter 681, Acts of 1977, ratified Nov. 7,1978.

112 Amended by Chapter 772, Acts of 1943, ratified Nov. 7,1944; Chapter 99, Acts of 1956, ratified Nov. 6,1956; Chapter 11,
Acts of 1960, ratified Nov. 8, 1960; Chapter 551, Acts of 1976, ratified Nov. 2, 1976; Chapter 681, Acts of 1977, ratified
Nov. 7,1978.



 
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Maryland Manual, 1994-95
Volume 186, Page 855   View pdf image
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