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Amendments to Maryland Constitutions
Volume 380, Page 429   View pdf image (33K)
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four years, (including a judge holding office on the date of adoption
of this Amendment) may, in accordance with the procedure described
in this section, be removed for misconduct in office, persistent failure
to perform the duties of his office or conduct which shall prejudice
the proper administration of justice, or may be retired for disability
seriously interfering with the performance of his duties, which is,
or is likely to become, of a permanent character. The Commission
may, after such investigation as it deems necessary, order a hear-
ing to be held before it concerning the removal or retirement of a
judge. If, after hearing, the Commission finds good cause there-
for as aforesaid, it shall recommend to the GENERAL ASSEMBLY
the removal or retirement, as the case may be,
of the judge.
(b) The GENERAL ASSEMBLY shall review
the record of the proceedings on the law and facts and in its dis-
cretion may permit the introduction of additional evidence and BY A
order removal or retirement, as it finds just and proper, or wholly
reject the recommendation. Upon an order for retirement, the judge
shall thereby be retired with the rights and privileges provided by
law. Upon an order of removal, the judge shall thereby be removed
from office, his salary shall cease from the date of such order, and
neither he nor his widow, upon his death, shall receive any benefits,
pension, or retirement allowance accruing from judicial service.
(c) All papers filed with and proceedings before the Commission
on Judicial Disabilities, pursuant to this section shall be confidential,
and the filing of papers with and the giving of testimony before the
Commission shall be privileged. No other publication of such papers
or proceedings shall be privileged in any action for defamation
except that (a) the record filed by the Commission in the
GENERAL ASSEMBLY continues to be privileged and
upon such filing loses its confidential character and (b) a writing
which was privileged prior to its filing with the Commission does
not lose such privilege by such filing. The Commission and the
GENERAL ASSEMBLY shall have the power to issue
and enforce process to compel the attendance of witnesses and the
production of evidence. The GENERAL ASSEMBLY shall by
STATUTE provide for procedure under
this section before the Commission on Judicial Disabilities and the
judge who is a member of the Commission
shall not participate in any proceedings involving his own removal
or retirement, and the GOVERNOR shall appoint a
substitute member of the Commission for the purpose of said par-
ticular proceedings.
(d) This section is alternative to, and cumulative with, the methods
of retirement and removal provided in Sections 3 and 4 of this
Article, and in Section 26 of Article III of this Constitution.
SEC. 2. And be it further enacted, That the foregoing sections
hereby proposed as an amendment to the Constitution of this State
shall, at the next General Election to be held in this State in Novem-
ber, 1966, be submitted to the legal and qualified voters thereof for

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Amendments to Maryland Constitutions
Volume 380, Page 429   View pdf image (33K)
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