|
SEC 4 Any judge shall be removed from office by the governor, on convic-
tion in a court of law of incompetency, of wilful neglect of duty, misbehavior
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 de-
fence.
|
Removal of
judges for in-
competency, etc.
|
|
SEC. 5 After the election for judges, to be held as above-mentioned, upon the
expiration of the term, or in case of the death, resignation, removal, or other
disqualification of any judge, the governor shall appoint a person duly qualified
to fill said office, who shall bold the same until the next general election for
members of the General Assembly, when a successor shall be elected, whose
tenure of office shall be the same as hereinbefore provided; but if the vacancy
shall occur in the city of Baltimore the time of election shall bo the fourth
|
Governor to
appoint in case
of vacancy
25 Md 173.
|
|
Wednesday in October following.
SEC. 6 All judges shall, by virtue of their offices, be conservators of the
peace throughout the State; and no fees, perquisites, commission, or reward of
any kind, shall be allowed to any judge in this State, besides bis annual salary,
for the discharge of any judicial duty.
SEC 7 No judge shall sit in any case wherein he may be interested, or where
either of the parties may be connected with him, by affinity or consanguinity,
within such degrees as now are or may hereafter be prescribed by law, or where
he shall have been of counsel in the case.
SEC 8 The parties to any cause may submit the same to the court for deter-
mination without the aid of a jury, and in all suits or actions at law, issues
from the Orphans' Court, or from any court sitting in equity, and in all cases of
presentments or indictments for offences which are, or may be, punishable by
death, pending in any of the courts of law of this State, having jurisdiction
thereof, upon suggestion in writing under oath of either of the parties to said
proceeding;, that such party cannot have a fair and impartial trial in the court
in which the same may be pending, the said court shall order and direct the
record of proceedings in such suit or action, issue, presentment, or indictment, to
be transmitted to some other court, having jurisdiction in such case, fur trial;
but in all other cases of presentment or indictment pending in any of the courts
of law in this Slate, having jurisdiction thereof, in addition to the suggestion
in writing of either of the parties to such presentment or indictment that such
|
Judges to be
conservators of
the peace
No fees to
judges
1 Md. 368,
8 Md 227.
1832, c 263,
1865, c 66
Judges dis-
qualified.
22 Md 458,
25 Md 17d
1852, c 1G9, 315,
1854, c 325,
1874, c 364
Trial without
jury
2 Md 274, 5 Md.
370, 6 Md 449,
7Md 1, 15, 8Md
322, 11Md 362,
19 Md 15, 20
Md 18, -29 Md
28-1, 406, 30 Md
197, 31 Md 5,
32 Md 493, 581,
33 Md 500, 34
Md 15, 401, 521,
38 Md 158, 43
Md 421, 44 Md
530, 6 H. & J
270
|
|
party cannot have a fair and impartial trial in the court in which the same
may be pending, it shall be necessary for the party making such suggestion to
make it satisfactorily appear to the court that such suggestion is true, or that
there is reasonable ground for the same; and thereupon the said court shall
order and direct the record of proceedings in such presentment or indictment
to be transmitted to some other court, having jurisdiction in such cases, fur
trial; and such right of removal shall exist upon suggestions in cases when all
the judges of said court may be disqualified under the provisions of this Consti-
tution to sit in any such case, and said court to which the record of proceed-
ings in such suit or action, issue, presentment, or indictment may be so trans-
mitted, shall hear and determine the same in like manner as if such suit or
action, issue, presentment, or indictment had been originally instituted therein;
and the General Assembly shall make such modification of existing law as may
be necessary to regulate and give force to this provision.
33
|
Removal of
cases
|
