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Maryland Manual, 1996-97
Volume 187, Page 927   View pdf image (33K)
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and other officers, provided in tins 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 Supenor Court of Baltimore City, respec
tively, 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. In case of any contested election for
Judges, Clerks of the Courts of Law, and Registers ofWills,
the Governor shall send the returns to the House of Dele
gates, 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.112 Vacant

Part IICourts of Appeal

SEC. 14. The Court of Appeals shall be composed
of seven judges, one from the First Appellate Judicial
Circuit consisting of Caroline, Cecil, Dorchester, Kent,
Queen Anne's, Somerset, Talbot, Wicomico, andWorces
ter counues, one from the Second Appellate Judicial Cir-
cuit consisting of Baltimore and Harford counties, one
from the Third Appellate Judicial Circuit, consisting of
Allegany, Carroll, Fredenck, Garrett, Howard and Wash
ington counties, one from the Fourth Appellate Judicial
Circuit, consisting of Pnnce George's County, one from
the Fifth Appellate Judicial Circuit, consisting ofAnne
Arundel, Calvert, Charles, and St Mary's counties, one
from the Sixth Appellate Judicial Circuit, consisting of
Baltimore City, and one from the Seventh Appellate Judi-
cial Circuit, consisting of Montgomery County 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 their
sittings elsewhere upon sufficient cause The salary of each
Judge of the Court of Appeals shall be that now or
hereafter prescribed by the General Assembly and shall not
be diminished during his continuance in office Five of the
Judges shall constitute a quorum, and five judges shall sit
in each case unless the Court shall direct that an additional
Judge or Judges sit for any case The concurrence of a
majority of those sitting shall be sufficient for the decision
of any cause, and an equal division of those sitting in a case
has the effect of affirming the decision appealed from if
there is no application for reargument as hereinafter pro
vided In any case where there is an equal division or a
three to two division of the Court a reargument before
the filll Court of seven judges shall be granted to the losing
party upon application as a matter of right

SEC. 14A.114 The General Assembly may by law
create such intermediate courts of appeal as may be nec
essary The General Assembly may prescribe the mterme
diate appellate Jurisdiction of these courts of appeal, and
all other powers necessary for the operation of such courts

SEC. 14B.115 No member of the General Assembly at
which the addition of Section 14A was proposed, if other
wise qualified, shall be ineligible for appointment or elecuon
as a Judge of any intermediate court of appeal, established
by law by the General Assembly pursuant to said Section
14A, by reason of his membership in such General Assembly

SEC. 15.116 Any Judge of the Court of Appeals or of
an intermediate court of appeal who heard the cause below
either as a trial Judge or as a Judge of any intermediate
court of appeal as the case may be, shall not participate in
the decision In every case an opinion, in writing, shall be
filed within three months after the argument or submis
sion of the cause, and the Judgment of the Court of
Appeals shall be final and conclusive

SEC. 16. Provision shall be made by Law for
publishing Reports of all causes, argued and determined
in the Court of Appeals and in the intermediate courts of
appeal, which the Judges thereof, respectively, shall desig
nate as proper for publication

SEC. 17.118 There shall be a Clerk of the Court of
Appeals, who shall be appointed by and shall hold his office
at the pleasure of said Court of Appeals

SEC. 18.n9 (a) The Court of Appeals from time to
time shall adopt rules and regulations concerning the
practice and procedure in and the administration of the
appellate courts and in the other courts of this State, which
shall have the force of law until rescinded, changed or
modified bv the Court of Appeals or otherwise by law The
power of courts other than the Court of Appeals to make

 

 



 
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Maryland Manual, 1996-97
Volume 187, Page 927   View pdf image (33K)
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