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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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14A was proposed, if otherwise qualified,
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late Court may sit in divisions. At least three
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shall be ineligible for appointment or
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judges shall sit in each case.
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election as a judge of any intermediate
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court of appeal, established by law by the
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General Assembly pursuant to said Section
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14 A, by reason of his membership in such
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General Assembly.
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Sec. 15. Any judge of the Court of
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See Section 5.02, Jurisdiction, p. 55.
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Appeals or of an intermediate court of
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appeal who heard the cause below either
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as a trial judge or as a judge of any inter-
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mediate court of appeal as the case may be
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shall not participate in the decision. In
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every case an opinion, in writing, shall be
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filed within three months after the argu-
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ment, or submission of the cause; and the
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judgment of the Court of Appeals shall be
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final and conclusive.
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Sec. 16. Provision shall be made by
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Law for publishing Reports of all causes,
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argued and determined in the Court of
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Appeals and in the intermediate courts of
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appeal, which the judges thereof, respec-
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tively, shall designate as proper for
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publication.
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Sec. 17. There shall be a Clerk of the
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Section 5.33. Clerks of Court.
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Court of Appeals, who shall be appointed
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The chief judge of each court shall ap-
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by and shall hold his office at the pleasure
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point, to serve at his pleasure, a chief clerk
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of said Court of Appeals.
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of that court. There shall be in each county
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a clerk of the Superior Court who shall be
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selected as prescribed by law. There shall be
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in each county a clerk of the District Court
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whose appointment and term shall be pre-
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scribed by rule.
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Sec. 18. It shall be the duty of the
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Section 5.03. Rule-Making Power.
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Judges of the Court of Appeals to make and
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The Court of Appeals shall have power to
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publish rules and regulations for the pros-
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prescribe rules governing practice and proce-
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ecution of appeals to the appellate Courts,
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dure in all courts; governing the admission
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whereby they shall prescribe the periods
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of persons to practice law in this State and
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within which appeals may be taken, what
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their discipline; and governing the adminis-
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part or parts of the proceedings in the
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tration of the courts, officers of the judicial
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Court below shall constitute the record on
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branch, and officers of the executive branch
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appeal, and the manner in which such
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to the extent that their duties directly relate
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appeals shall be brought to hearing or
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to the enforcement of judicial orders. The
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determination, and shall regulate, generally,
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General Assembly shall have concurrent pow-
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the practice of said Court of Appeals and
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er to regulate by law the matters enumerated
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any intermediate courts of appeal so as
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in this section, except when these matters are
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to prevent delays, and promote brevity in
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specifically required by this Constitution to
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all records and proceedings brought into
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be prescribed by rule. As used in this article,
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said Courts, and to abolish and avoid all
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rule shall mean a rule prescribed by the
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unnecessary costs and expenses in the pros-
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Court of Appeals. In the event of a conflict
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ecution of appeals therein; and the said
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between a rule and a law, the later in time
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Judges shall make such reduction in the
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shall prevail to the extent of the conflict.
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