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Session Laws, 1969
Volume 692, Page 1706   View pdf image
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1706                           LAWS OF MARYLAND                     [CH. 791

CHAPTER 791
(Senate Bill 581)

AN ACT to propose an amendment to the Constitution of Maryland
by amending or repealing Sections 3, 4B, 5, 14, 14B, 21, 31, 32,
and 39, title "Judiciary Department," subtitles "Part I—General
Provisions," "Part II—Court of Appeals," "Part III—Circuit
Courts," and "Part IV—Courts of Baltimore City"; and for the
enactment of a new Section 5A in said Article IV, subtitle "Part
I—General Provisions"; providing that the Governor, by and with
the advice and consent of the Senate shall appoint the judges of
the Court of Appeals, intermediate courts of appeal, Circuit
Courts, the Supreme Bench of Baltimore City; that all hearings
on the confirmation of candidates shall be public and not con-
ducted in secret or executive session; that confirmation shall be
by a majority vote of all members elected to the Senate; that a
judge appointed may take office upon qualification and before con-
firmation, but shall cease to hold office if not confirmed; that each
judge appointed and confirmed shall hold office during good be-
havior FOR A TERM OF FIFTEEN YEARS OR, until the age
of seventy years and not after; WHICHEVER MAY FIRST
OCCUR; that the powers of the Commission on Judicial Disabili-
ties shall include the power to require persons to testify and pro-
duce evidence by granting them immunity from prosecution or
from penalty or forfeiture; that said Commission may recommend
to the Court of Appeals the removal or retirement of a judge; that
the Court of Appeals shall prescribe rules concerning the Commis-
sion; that the Court of Appeals, upon recommendation of the Com-
mission, after a hearing and upon making certain findings, may
remove a judge from office, censure him or retire him from office;
that a judge so removed and his surviving spouse shall have rights
and privileges accruing from his judicial service only to the extent
prescribed by the order of removal; that a judge so retired shall
have the rights and privileges prescribed by law for other retired
judges; that no judge shall sit in any hearing involving his own
removal or retirement; and further providing for the removal of
certain obsolete and outmoded provisions of Article IV of the
Constitution and for the amendment of provisions of Article IV
which are inconsistent with these amendments, for certain interim
provisions including the terms of office, appointment and confir-
mation of judges in office on the effective date of these amend-
ments, and for the submission of these amendments to the quali-
fied voters of the State of Maryland for their adoption or rejection.

Section 1. Be it enacted by the General Assembly of Maryland,
(Three-fifths of all the members elected to each of the two houses
concurring), That the following amendments be and they are hereby
proposed to Sections 3, 4B, 5, 14, 21, 31, 32