Maryland Manual 1994-1995
ties of Baltimore and Harford, the Third; the Counties of
Allegany, Garrett, and Washington, the Fourth; the Coun-
ties of Carroll, Howard and Anne Arundel, the Fifth; the
Counties of Montgomery and Frederick, the Sixth; the
Counties of Prince George's, Charles, Calvert, and St.
Mary's, the Seventh; and Baltimore City, the Eighth.
SEC. 20.123 (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-
cised 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 County, 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. 21.124 (a) 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 Anne Arundel County, at least three resident in
Baltimore County, at least four resident in Prince 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.
(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
by law.
(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. 21A.125 If the 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.
|
Constitution of Maryland /857
SEC. 22.126 Where any Term is held, or trial conducted
by less than the whole number of said Circuit Judges, upon
the derision 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 consideration of the three
Judges of the Circuit, who shall constitute a court in banc for
such purpose; and the motion for such reservation shall be
entered of record, during 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 banc, and the decision of the said
Court in banc 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 banc
shall not preclude the right of Appeal, or writ of error to the
adverse party, in those cases, civil or criminal, in which appeal,
or writ of error to the Court of Appeals may be allowed by
Law. The right of having questions reserved shall not, how-
ever, apply to trials of Appeals from judgments of the District
Court, nor to criminal cases below the grade of felony, except
when the punishment is confinement in the Penitentiary; and
this Section shall be subject to such provisions as may here-
after be made by Law.
SEC. 23.127 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. 24.128 The salary of each Chief Judge and of each
Associate Judge of the Circuit Court shall not be dimin-
ished during his continuance in office.
SEC. 25.129 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
be re-eligible, subject to be removed for wilful neglect of
duty or other misdemeanor in office, on conviction in a
Court of Law. In case of a vacancy in the office of Clerk of
a Circuit Court, the Judges of that Court may fill the
vacancy until the general election for Delegates to the
General Assembly, to be held next thereafter, when a
successor shall be elected for the term of four years.
SEC. 26.130 Deputy clerks and other employees of the
office of the Clerk shall be appointed and removed accord-
ing to procedures set by law.
Part IV—Courts of Baltimore City.
SEC. 27.131 Vacant.
SEC. 28.132 Vacant.
|
123 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.
124 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.
125 Added by Chapter 542, Acts of 1976, ratified Nov. 2, 1976.
126 Amended by Chapter 681, Acts of 1977, ratified Nov. 7,1978.
127 Amended by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
128 Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
129 Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
130 Amended by Chapter 376, Acts of 1972, ratified Nov. 7, 1972; Chapter 889, Acts of 1974, ratified Nov. 5, 1974; Chapter
523, Acts of 1980, ratified Nov. 4,1980; Chapter 62, Acts of 1990, ratified Nov. 6, 1990.
131 Repealed by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
|
|