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Maryland Manual, 1994-95
Volume 186, Page 859   View pdf image
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Maryland Manual 1994-1995

conducted by the Senate or any committee or subcommit-
tee thereof in secret or executive session. Confirmation by
the Senate shall be made upon a majority vote of all
members of the Senate. A judge appointed by the Gover-
nor may take office upon qualification and before confir-
mation by the Senate, but shall cease to hold office at the
close of the regular annual session of the General Assembly
next following his appointment or during which he shall
have been appointed by the Governor, if the Senate shall
not have confirmed his appointment before then. Each
judge appointed by the Governor and confirmed by the
Senate shall hold the office for a term of ten years or until
he shall have attained the age of seventy years whichever
may first occur. If the ten year term of a judge shall expire
before that judge shall have attained the age of seventy
years, that judge shall be reappointed by the Governor,
with the Senate's consent, for another ten year term or until
he shall have attained the age of seventy years, whichever
may first occur. To the extent inconsistent herewith, the
provisions of Section 3 and 5 of this Article shall not apply
to judges of the District Court.

SEC. 41E. The Chief Judge of the Court of Appeals
shall designate one judge of the District Court as Chief
Judge of that Court, to serve as Chief Judge at his pleasure.
The Chief Judge of the District Court may assign admin-
istrative duties to other judges of the District Court and
shall perform such other duties in the administration of the
District Court as may be prescribed by rule or by law.

SEC. 41E The Chief Judge of the District Court shall
appoint, to serve at his pleasure, a Chief Clerk of that Court.
He shall also appoint, to serve at his pleasure, and upon the
recommendation of the administrative judge of the district,
a chief administrative clerk for each district. The chief clerk
shall perform such duties in the administration of the District
Court as may be assigned him by the chief judge or as may
be prescribed by rule or by law. Each chief administrative
clerk shall perform such duties in the administration of the
District Court as may be assigned him by the administrative
judge of his district or as may be prescribed by rule of law.
There shall be in each County a clerk of the District Court
whose appointment, term, and compensation shall be pre-
scribed by law. The Chief Judge of the District Court, upon
recommendation of the respective administrative judges,
shall appoint such deputy clerks, constables, and other offi-
cers of the District Court as may be necessary. It shall be the
duty of the General Assembly to prescribe by law a fixed
compensation for all such officers.

SEC. 41G. There shall be district court commissioners
in the number and with the qualifications and compensa-
tion prescribed by law. Commissioners in a district shall be
appointed by and serve at the pleasure of the Administra-
tive Judge of the district, subject to the approval of the
Chief Judge of the District Court. Commissioners may
exercise power only with respect to warrants of arrest, or
bail or collateral or other terms of pre-trial release pending
hearing, or incarceration pending hearing, and then only
as prescribed by law or by rule.

SEC. 41H. The salary of a judge of the District Court
shall not be reduced during his continuance in office.

SEC. 41-I.151 For the purpose of implementing the
amendments to Articles IV, XV and XVII of this Constitu-

Constitution of'Maryland/'859

tion, establishing the District Court, the following provi-
sions shall govern.

(a) The provisions of Section 41D of this Article shall
govern initial vacancies in the office of judge of the District
Court. Each full-time judge of the People's Court of Balti-
more City, the Municipal Court of Baltimore City, and of the
People's Courts of Anne Arundel, Montgomery, Prince
George's, Wicomico Counties and Baltimore County who is
in office on the effective date of these amendments shall
continue in office as a judge of the District Court in his district
and county of residence (or in Baltimore City) for the
remainder of the term for which he was elected or appointed,
and if his term expires prior to January 1, 1971, such judge
shall be re-appointed by the Governor, if the Senate consents,
in accordance with the provisions of Section 41D of this
Article, subject to the Provisions of the Constitution respect-
ing age, removal and retirement; provided that the term of
any such judge of a People's Court who would be ineligible
for appointment as a judge of the District Court under this
Article shall expire on the effective date of these amendments.
Thereafter, retention of any judge who is retained in office
pursuant to the preceding provisions of this subsection shall
be pursuant to Section 41D of this Article. No People's Court
judge, judge of the Housing Court of Baltimore County, or
Justice of the Peace shall be appointed or elected or exercise
any power or jurisdiction.

(b) Each full-time clerk of a justice of the peace desig-
nated as trial magistrate of a People's Court, of the Munici-
pal Court of Baltimore City, and the chief constable of the
People's Court of Baltimore City who is in office on the
day before the first Monday in July, 1970, shall become a
deputy clerk of the District Court on the first Monday in
July 1970. The taking effect of the aforegoing amendments
shall not of itself affect the tenure, term, status, retirement,
or compensation of any person then holding public office,
position, or employment in this State, except as provided
in the amendments.

(c) All statutory references to justices of the peace
designated as trial magistrates, to People's Courts, to the
Municipal Court of Baltimore City or to the Housing Court
of Baltimore County, shall be deemed to refer to the District
Court in the appropriate district, county or Baltimore City,
to the extent not inconsistent with this Constitution.

(d) No member of the General Assembly at which these
amendments were proposed, or at which the number of or
salary of any such judges may have been increased or
decreased by the General Assembly from time to time, if
otherwise qualified, is ineligible for appointment or elec-
tion as a judge of the District Court by reason of his
membership in the General Assembly

SEC. 42.152 Vacant.
SEC. 43.153 Vacant.

Part VII—Sheriffs.

SEC. 44.154 There shall be elected in each county and
in Baltimore City one person, resident in said county or
City, above the age of twenty-five years and for at least five
years preceding his election a citizen of the State, to the
office of Sheriff. He shall hold office for four years, until
his successor is duly elected and qualified, give such bond,

 

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

152 Repealed by Chapter 789, Acts of 1969, ratified Nov. 3,1970.

153 Repealed by Chapter 789, Acts of 1969, ratified Nov. 3,1970.

154 Amended by Chapter 845, Acts of 1914, ratified Nov. 3,1914; Chapter 786, Acts of 1945, ratified Nov. 5, 1946; Chapter 55,
Acts of 1953, ratified Nov. 2,1954; Chapter 681, Acts of 1977, ratified Nov. 7,1978.



 
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Maryland Manual, 1994-95
Volume 186, Page 859   View pdf image
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