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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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Baltimore City. The Judges of the Court
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See Section 5.14, Eligibility for Nomination
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of Appeals shall be residents of and be
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and Appointment, p. 47.
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elected by the qualified voters of their
respective Appellate Judicial Circuits. The
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Section 5.05. Chief Judge of Court of Ap-
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term of each Judge of the Court of Appeals
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peals.
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shall begin on the date of his qualification
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The governor shall fill a vacancy in the
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except that each of the judges of the Court
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office of chief judge of the Court of Appeals
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of Appeals in office at the time this amend-
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by designating one of the judges of the
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ment to the Constitution takes effect shall
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Court of Appeals to be chief judge for the
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continue to hold office for the balance of
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remainder of his service on the Court, or un-
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the term for which he was elected or
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til he resigns the office of chief judge. The
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appointed or until he shall have attained
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associate judge senior in service on the Court
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the age of seventy years, whichever may
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of Appeals shall have the powers and duties
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first happen. One of the Judges of the
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of the office when the chief judge is absent,
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Court of Appeals shall be designated by
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or when the Court of Appeals determines
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the Governor as the Chief Judge. The
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that he is unable to serve, or when the office
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jurisdiction of the Court of Appeals shall
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is vacant.
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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
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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
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by rule prescribe. Its session or sessions
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original jurisdiction prescribed by this Con-
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shall continue not less than ten months in
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stitution.
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each year, if the business before it shall so
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require, and it shall be competent for the
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judges temporarily to transfer their sittings
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elsewhere upon sufficient cause. The salary
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See Section 5.24, Judicial Compensation, p.
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of each Judge of the Court of Appeals shall
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51.
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be that now or hereafter prescribed by the
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General Assembly and shall not be dimin-
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ished during his continuance in office. Five
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See Section 5.04, Composition, p. 54, for
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of the judges shall constitute a quorum, and
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quorum.
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five judges shall sit in each case unless the
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Court shall direct that an additional judge
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or judges sit for any case. The concurrence
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of a majority of those sitting shall be
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sufficient for the decision of any cause, and
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an equal division of those sitting in a case
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has the effect of affirming the decision
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appealed from if there is no application for
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re-argument as hereinafter provided. In any
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case where there is an equal division or a
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three to two division of the Court a re-
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argument before the full Court of seven
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judges shall be granted to the losing party
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upon application as a matter of right.
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Sec. 14A. The General Assembly may
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Section 5.06. Jurisdiction.
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by Law create such intermediate courts of
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The Intermediate Appellate Court shall
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appeal, as may be necessary. The General
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have the jurisdiction prescribed by law.
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Assembly may prescribe the intermediate
appellate jurisdiction of these courts of
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See Section 5.13, Judicial Circuits, p. 54.
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appeal, and all other powers necessary for
the operation of such courts.
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Section 5.07. Composition.
The Intermediate Appellate Court shall
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Sec. 14B. No member of the General
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consist of five judges, unless the number is
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Assembly at which the addition of Section
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increased by law. The Intermediate Appel-
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