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Volume 664, Page 173   View pdf image (33K)
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COMPARISON OF CONSTITUTIONS

PROPOSED CONSTITUTION OF 1968

CONSTITUTION OF 1867

Section 5.11, Composition.

Sec. 41A. There is hereby created a

The District Court shall consist of the

People's Court of Baltimore City. Said

number of judges prescribed by law. The

Court shall consist originally of a Chief

State shall be divided by law into districts.

Judge and two Associate Judges; the number

Each district shall consist of one county or

of such Judges may thereafter be increased

two or more entire and adjoining counties.

or decreased by the General Assembly by

The number of judges shall be allocated

Law but no such decrease shall affect the

among the districts by law. At least one dis-

term of any Judge then in office or his right

trict court judge shall reside in each county.

to stand for election for further terms as

Functional divisions of the District Court

hereinafter provided.......

may be established in any district.



Sec. 41B. The General Assembly shall


have power by Law to establish a People's


Court in any county, or any part thereof,


incorporated city or town in this State,


except Baltimore City, and to prescribe and


from time to time to alter (1) the number,


qualifications, tenure, and method of se-


lection of the Judges of any such Court,


and their powers, duties and compensation,


except that the term of office or compensa-


tion of any Judge shall not be reduced


during his continuance in office; .....


Part V-B. Municipal Court.


Sec. 41C. (a) There is hereby created


a Municipal Court of Baltimore City. Said


Court shall consist originally of eleven


Judges; the number of such Judges may


thereafter be increased or decreased by the


General Assembly by Law, but no such


decrease shall affect the term of any Judge


then in office or his right to stand for


election for further terms as hereinafter


provided.......

Section 5.12. Commissioners.

Part VI. Justices of the Peace.

There may be district court commissioners

Sec. 42. The Governor, by and with the

in the number and with the qualifications

advice and consent of the Senate, shall

prescribed by rule. Commissioners in a dis-

appoint such number of Justices of the

trict shall be appointed by and serve at the

Peace, and the County Commissioners of the

pleasure of that judge of the District Court

several counties, and the Mayor and City

who shall be designated by rule to appoint

Council of Baltimore, respectively, shall

commissioners therein. Commissioners may

appoint such number of Constables, for the

exercise powers only with respect to warrants

several Election Districts of the Counties,

of arrest, or bail or collateral or other terms

and Wards of the City of Baltimore, as are

of pre-trial release pending hearing, or incar-

now, or may hereafter be prescribed by Law;

ceration pending hearing, and then only as

and Justices of the Peace and Constables,

prescribed by rule.

so appointed, shall be subject to removal by


the Judge, or Judges having criminal juris-


diction in the county, or city, for incom-


petency, wilful neglect of duty, or misde-


meanor in office, on conviction in a Court


of Law. The Justices of the Peace and Con-


stables, so appointed, and commissioned,


shall be Conservators of the Peace, shall


hold their office for two years, and shall


have such jurisdiction, duties and compen-


sation, subject to such right of appeal, in

173


 

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