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Session Laws, 1969
Volume 692, Page 1708   View pdf image
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1708                           LAWS OF MARYLAND                     [CH. 791

[4B. Removal or retirement of judge by General Assembly after
hearing by Commission on Judicial Disabilities.]

[(a) A judge of the Court of Appeals, of the Circuit Courts for
the Counties, of the Supreme Bench of Baltimore City, of the
Orphans' Courts and all other judges elected or subject to election,
and those appointed if the full term of the particular office is for
not less than four years, (including a judge holding office on the date
of adoption of this Amendment) may, in accordance with the pro-
cedure described in this section, be removed for misconduct in office,
persistent failure to perform the duties of his office or conduct which
shall prejudice the proper administration of justice, or may be retired
for disability seriously interfering with the performance of his duties,
which is, or is likely to become, of a permanent character. The Com-
mission may, after such investigation as it deems necessary, order
a hearing to be held before it concerning the removal or retirement
of a judge. If, after hearing, the Commission finds good cause there-
for as aforesaid, it shall recommend to the General Assembly the
removal or retirement, as the case may be, of the judge.]

[(b) The General Assembly shall review the record of the pro-
ceedings of the law and facts and in its discretion may permit the
introduction of additional evidence and by a joint resolution passed
by a two-thirds vote of the members elected in each house thereof,
shall order removal or retirement, as it finds just and proper, or
wholly reject the recommendation. Upon an order for retirement,
the judge shall thereby be retired with the rights and privileges
provided by law. Upon an order of removal, the judge shall thereby
be removed from office, his salary shall cease from the date of such
order, and neither he nor his widow, upon his death, shall receive any
benefits, pension, or retirement allowance accruing from judicial
service.]

[(c) All papers filed with and proceedings before the Commission
on Judicial Disabilities, pursuant to this section shall be confidential,
and the filing of papers with and the giving of testimony before the
Commission shall be privileged. No other publication of such papers
or proceedings shall be privileged in any action for defamation except
that (a) the record filed by the Commission in the General Assembly
continues to be privileged and upon such filing loses its confidential
character and (b) a writing which was privileged prior to its filing
with the Commission does not lose such privilege by such filing. The
Commission and the General Assembly shall have the power to issue
and enforce process to compel the attendance of witnesses and the
production of evidence. The General Assembly shall by statute pro-
vide for procedure under this section before the Commission on
Judicial Disabilities and by rule shall provide for procedure under
this section in the General Assembly. A judge who is a member of