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Session Laws, 1969
Volume 692, Page 1699   View pdf image
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MARVIN MANDEL, Governor                      1699

THE ATTENDANCE OF WITNESSES AND THE PRODUCTION
OF EVIDENCE, AND REQUIRE PERSONS TO TESTIFY AND
PRODUCE EVIDENCE BY GRANTING THEM IMMUNITY
FROM PROSECUTION OR FROM PENALTY OR FORFEITURE.
THE COMMISSION SHALL HAVE THE POWER TO RECOM-
MEND TO THE COURT OF APPEALS THE REMOVAL OR RE-
TIREMENT OF A JUDGE. ALL PROCEEDINGS, TESTIMONY,
AND EVIDENCE BEFORE THE COMMISSION SHALL BE CON-
FIDENTIAL AND PRIVILEGED, EXCEPT THAT THE RECORD
AND ANY PROCEEDING FILED WITH THE COURT OF AP-
PEALS SHALL LOSE ITS CONFIDENTIAL CHARACTER. NO
JUDGE SHALL PARTICIPATE IN ANY PROCEEDINGS IN-
VOLVING HIS OWN REMOVAL OR RETIREMENT, AND THE
GOVERNOR SHALL APPOINT ANOTHER JUDGE AS A SUB-
STITUTE MEMBER OF THE COMMISSION FOR THOSE PRO-
CEEDINGS. THE COURT OF APPEALS SHALL PRESCRIBE
BY RULE THE MEANS TO IMPLEMENT AND ENFORCE THE
POWERS OF THE COMMISSION AND THE PRACTICE AND
PROCEDURE BEFORE THE COMMISSION.

(B)  UPON RECOMMENDATION OF THE COMMISSION THAT
A JUDGE BE REMOVED FROM OFFICE, OR THAT HE BE
RETIRED, THE COURT OF APPEALS, AFTER A HEARING
AND UPON A FINDING OF MISCONDUCT WHILE IN OFFICE,
OR OF PERSISTENT FAILURE TO PERFORM THE DUTIES
OF HIS OFFICE, OR OF CONDUCT PREJUDICIAL TO THE
PROPER ADMINISTRATION OF JUSTICE, MAY REMOVE THE
JUDGE FROM OFFICE OR MAY CENSURE HIM, OR THE
COURT OF APPEALS, AFTER HEARING AND UPON A FIND-
ING OF DISABILITY WHICH IS OR IS LIKELY TO BECOME
PERMANENT AND WHICH SERIOUSLY INTERFERES WITH
THE PERFORMANCE OF HIS DUTIES, MAY RETIRE THE
JUDGE FROM OFFICE. A JUDGE REMOVED UNDER THIS
SECTION, AND HIS SURVIVING SPOUSE, SHALL HAVE THE
RIGHTS AND PRIVILEGES ACCRUING FROM HIS JUDICIAL
SERVICE ONLY TO THE EXTENT PRESCRIBED BY THE
ORDER OF REMOVAL. A JUDGE RETIRING UNDER THIS
SECTION SHALL HAVE THE RIGHTS AND PRIVILEGES PRE-
SCRIBED BY LAW FOR OTHER RETIRED JUDGES. NO JUDGE
SHALL SIT IN JUDGMENT IN ANY HEARING INVOLVING
HIS OWN REMOVAL OR RETIREMENT.

(C)   THIS SECTION IS ALTERNATIVE TO, AND CUMULA-
TIVE WITH, THE METHODS OF RETIREMENT AND RE-
MOVAL PROVIDED IN SECTIONS 3 AND 4 OF THIS ARTICLE,
AND IN SECTION 26 OF ARTICLE III OF THIS CONSTITUTION.

18A.

The Chief Judge of the Court of Appeals shall be the administra-
tive head of the Judicial system of the State. He shall from time to
time require, from each of the judges of the Circuit Courts for the
several counties, (and] of the Supreme Bench of Baltimore City,
of the District Court and of any intermediate courts of appeal,
reports as to the judicial work and business of each of the judges
and their respective courts. He may, in case of a vacancy, or of the
illness, disqualification or other absence of [any] a judge [of the
Court of Appeals or of any intermediate court of appeals] or for

 

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