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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 111   View pdf image (33K)
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JUDICIARY DEPARTMENT. 111

Sec. 2. The Judges of all the said Courts shall be citizens of the State
of Maryland, and qualified voters under this Constitution, and shall have
resided therein not less than five years, and not less than six months next
preceding their election or appointment in. the judicial circuit, as the case
may be, for which they may be respectively elected or appointed. They shall
be not less than thirty years of age at the time of their election or appoint-
ment, and shall be selected from those who have been admitted to practice
Law in this State, and who are most distinguished for integrity, wisdom and
sound legal knowledge.

See art. 33 of the Declaration of Rights.

Sec. 3. The Judges of the said several Courts shall be elected in the
Counties by the qualified voters in their respective Judicial Circuits as
hereinafter provided, at the general election to be held on the Tuesday
after the first Monday in November next, and in the City of Baltimore, on
the fourth Wednesday of October next. Each of the said Judges shall hold
his office for the term of fifteen years from, the time of his election, and
until his successor is elected and qualified, or until he shall have attained
the age of seventy years, whichever may first happen, and be re-eligible
thereto until he shall have attained the age of seventy years, and not after;
but in a case of any Judge who- shall attain the age of seventy years whilst
in office, such Judge may be continued in office by the General Assembly
for such further time as they may think fit, not to exceed the term for which
he was elected, by a resolution to be passed at the session next preceding his
attaining said age. In case of the inability of any of said Judges to discharge
his duties with efficiency, by reason of continued sickness, or of physical or
mental infirmity, it shall be in the power of the General Assembly, two-
thirds of the members of each House concurring, with the approval of the
Governor, to retire said Judge from office.
See notes to art. 4, sec. 24.

Sec. 4. Any Judge shall be removed from office by the Governor, on con-
viction in a Court of La.w, of incompetency, of wilful neglect of duty, mis-
behavior in office or any other crime, or on impeachment, according to this
Constitution, or the Laws of the State; or on the address of the General
Assembly, two-thirds of each House concurring in such address, and the
accused having been notified of the charges against him, and -having had
opportunity of making his defence.

The meaning of the term " general assembly " as used in this section, referred to
in determining that the Governor was not embraced in that term as used in art.
14, sec. 1—see notes thereto. Warfield v. Vandiver, 101 Md. 111.

It was only in art. 30 of the Bill of Rights (of 1851), and art. 4, secs. 4 and 9, of
the Constitution of 1851, that judicial officers were subject to removal by the Gov-
ernor. Cantwell v. Owens, 14 Md. 227.

See. 5. After the election for Judges, as hereinbefore provided, there
shall be held in this State, in every fifteenth year thereafter, on the Tuesday
after the first Monday in November of such year, an election for Judges as
herein provided; and in case of death, resignation, removal or disqualifica-
tion by reason of age or otherwise of any Judge, the Governor shall appoint

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 111   View pdf image (33K)
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