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concurring), That the following be and the same is hereby
proposed as an amendment to the Constitution of Maryland,
by adding new Section 5A to Article IV - Judiciary
Department, the sane, if adopted by the legally qualified
voters of the State, as herein provided, to become a part
of the Constitution of Maryland:
Article IV - Judiciary Department
5A.
(A) A VACANCY IN THE OFFICE OF A JUDGF OF AN
APPELLATE COURT, WHETHER OCCASIONED BY THE DEATH,
RESIGNATION, REMOVAL, RETIREMENT, DISQUALIFICATION BY
REASON OF AGE, OR REJECTION BY THE VOTERS OF AN
INCUMBENT, THE CREATION OF THE OFFICE OF A JUDGE, OR
OTHERWISE, SHALL BE FILLED AS PROVIDED IN THIS SECTION.
[[(B) THF APPELLATE JUDICIAL NOMINATING COMMISSION
IS CREATED. ITS COMPOSITION AND PROCEDURES, AND THE
TERMS OF ITS MEMBERS SHALL BE AS PROVIDED BY LAW. A
MEMBER OF THE COMMISSION IS NOT ELIGIBLE FOR APPOINTMENT
TO A VACANCY ON AN APPELLATE COURT DURING THE TERM WHICH
THE MEMBER WAS CHOSEN. THE COMMISSION SHALL MAKE
NOMINATIONS TO THE GOVERNOR FOR THE FILLING OF VACANCIES
ON AN APPELLATE COURT.
(C) IF A VACANCY EXISTS OR IS ABOUT TO OCCUR IN AN
APPELLATE COURT, THE NOMINATING COMMISSION SHALL SEEK AND
REVIEW APPLICATIONS OF PROPOSED NOMINEES FOR THE JUDICIAL
OFFICE. THE COMMISSION SHALL EVALUATE EACH PROPOSED
NOMINEE, AND SHALL SELECT AND NOMINATE TO THF GOVERNOR
THE NAMES OF PERSONS IT FINDS TO BE LEGALLY AND
PROFESSIONALLY QUALIFIED TO FILL THE VACANCY.
(D) THE GOVERNOR SHALL APPOINT A PERSON TO FILL THE
VACANCY FROM AMONG THE LIST OF NOMINEES MADE BY THE
NOMINATING COMMISSION.]]
(B) UPON THE OCCURRENCE OF A VACANCY THE GOVERNOR
SHALL APPOINT, BY AND WITH THE ADVICE ANC CONSENT OF THE
SENATE, A PERSON DULY QUALIFIED TO FILL SAID OFFICE WHO
SHALL HOLD THE SAME UNTIL THE ELECTION FOR CONTINUANCE IN
OFFICE AS PROVIDED IN SUBSECTIONS (C) AND (D) .
[[(B)]] (C) THE CONTINUANCE IN OFFICE OF A JUDGE OF
THE COURT OF APPEALS IS SUBJECT TO APPROVAL 08 REJECTION
BY THE REGISTERED VOTERS OF THE APPELLATE JUDICIAL
CIRCUIT FROM WHICH HE WAS APPOINTED AT THE NEXT GENERAL
ELECTION FOLLOWING THE EXPIRATION OF ONE YEAR FROM THF
DATE OF THE OCCURRENCE OF THE VACANCY WHICH HE WAS
APPOINTED TO FILL, AND AT THE GENERAL ELECTION NEXT
OCCURRING EVERY [[FOURTEEN]] TEN YEARS THEREAFTER.
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