MARVIN MANDEL, Governor                        1709

any intermediate courts of appeal, the Circuit Courts, the Supreme
Bench of Baltimore City, the Orphans' Courts and all other judges
appointed or elected if the full term of the office is during good be-
havior until age seventy or is not less than four years; (INCLUD-
ING A JUDGE HOLDING OFFICE ON THE DATE OF ADOP-
TION OF THIS AMENDMENT); and to conduct hearings concern-
ing the removal or retirement of a judge, administer oaths and
affirmations, issue process to compel 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
recommend to the Court of Appeals the removal or retirement of a
judge. All proceedings, testimony, and evidence before the Commis-
sion shall be confidential and privileged, except that the record of
any proceeding filed with the Court of Appeals shall lose its confi-
dential character. No judge shall participate in any proceedings
involving his own removal or retirement, and the Governor shall
appoint another judge as a substitute member of the Commission
for those proceedings. 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 finding of disability which is or is likely to be-
come 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 pre-
scribed by the order of removal. A judge retiring under this section
shall have the rights and privileges prescribed by law for other retired
judges. No judge shall sit in judgment in any hearing involving his
own removal or retirement.

[(d)] (c) This section is alternative to, and cumulative with, the
methods of retirement and removal provided in Sections 3 and 4 of
this Article, and in Section 26 of Article III of this Constitution.

5. Vacancies.

Upon every occurrence or recurrence of a vacancy through failure
of confirmation, death, resignation, removal, disqualification by rea-
son of age or otherwise, or expiration of the term of [fifteen years]
office of [any] the judge of any court described in Section 3 of this
Article, or creation of the office of a [any] judge of any such court,
or in any other way, the [Governor shal