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Volume 664, Page 55   View pdf image (33K)
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COMPARISON OF CONSTITUTIONS

CONSTITUTION OF 1867

PROPOSED CONSTITUTION OF 1968

Baltimore City. The Judges of the Court

See Section 5.14, Eligibility for Nomination

of Appeals shall be residents of and be

and Appointment, p. 47.

elected by the qualified voters of their
respective Appellate Judicial Circuits. The

Section 5.05. Chief Judge of Court of Ap-

term of each Judge of the Court of Appeals

peals.

shall begin on the date of his qualification

The governor shall fill a vacancy in the

except that each of the judges of the Court

office of chief judge of the Court of Appeals

of Appeals in office at the time this amend-

by designating one of the judges of the

ment to the Constitution takes effect shall

Court of Appeals to be chief judge for the

continue to hold office for the balance of

remainder of his service on the Court, or un-

the term for which he was elected or

til he resigns the office of chief judge. The

appointed or until he shall have attained

associate judge senior in service on the Court

the age of seventy years, whichever may

of Appeals shall have the powers and duties

first happen. One of the Judges of the

of the office when the chief judge is absent,

Court of Appeals shall be designated by

or when the Court of Appeals determines

the Governor as the Chief Judge. The

that he is unable to serve, or when the office

jurisdiction of the Court of Appeals shall

is vacant.

be co-extensive with the limits of the
State and such as now is or may hereafter
be prescribed by law. It shall hold its
sessions in the City of Annapolis at such
time or times as it shall from time to time

Section 5.02. Jurisdiction.

The Court of Appeals shall be the highest
court of the State and shall have the appel-
late jurisdiction prescribed by law and the

by rule prescribe. Its session or sessions

original jurisdiction prescribed by this Con-

shall continue not less than ten months in

stitution.

each year, if the business before it shall so


require, and it shall be competent for the


judges temporarily to transfer their sittings


elsewhere upon sufficient cause. The salary

See Section 5.24, Judicial Compensation, p.

of each Judge of the Court of Appeals shall

51.

be that now or hereafter prescribed by the


General Assembly and shall not be dimin-


ished during his continuance in office. Five

See Section 5.04, Composition, p. 54, for

of the judges shall constitute a quorum, and

quorum.

five judges shall sit in each case unless the


Court shall direct that an additional judge


or judges sit for any case. The concurrence


of a majority of those sitting shall be


sufficient for the decision of any cause, and


an equal division of those sitting in a case


has the effect of affirming the decision


appealed from if there is no application for


re-argument as hereinafter provided. In any


case where there is an equal division or a


three to two division of the Court a re-


argument before the full Court of seven


judges shall be granted to the losing party


upon application as a matter of right.


Sec. 14A. The General Assembly may

Section 5.06. Jurisdiction.

by Law create such intermediate courts of

The Intermediate Appellate Court shall

appeal, as may be necessary. The General

have the jurisdiction prescribed by law.

Assembly may prescribe the intermediate
appellate jurisdiction of these courts of

See Section 5.13, Judicial Circuits, p. 54.

appeal, and all other powers necessary for
the operation of such courts.

Section 5.07. Composition.

The Intermediate Appellate Court shall

Sec. 14B. No member of the General

consist of five judges, unless the number is

Assembly at which the addition of Section

increased by law. The Intermediate Appel-

55


 

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