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Session Laws, 1971
Volume 707, Page 1943   View pdf image
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Marvin Mandel, Governor                        1943

1969, CHAPTER 791—Appointment and Tenure of Judges

State Administrative Board of Election Laws
Annapolis, Maryland

Pursuant to the provisions of Section 23-11 of Article 33 of the
Annotated Code of Maryland, the State Administrative Board of Elec-
tion Laws does hereby certify that at the General Election held in
the State of Maryland on November 3, 1970, an Act known as Chapter
791 of the Acts of 1969 was submitted to the voters of the State of
Maryland under the provisions of Article XIV of the Constitution of
the State of Maryland, said Act being as follows:

AN ACT to propose an amendment to the Constitution of Mary-
land 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, sub-
title "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 conducted 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 confirmation, but shall cease
to hold office if not confirmed; that each judge appointed and
confirmed shall hold office during good behavior 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 Disabilities shall include
the power to require persons to testify and produce 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
Commission; that the Court of Appeals, upon recommendation
of the Commission, after a hearing and upon making cer-
tain findings, may remove a judge from office, censure him or
retire him from office; that a judge so removed and his sur-
viving 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 Consti-
tution 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 con-
firmation of judges in office on the effective date of these amend-
ments, and for the submission of these amendments to the
qualified voters of the State of Maryland for their adoption
or rejection.

 

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Session Laws, 1971
Volume 707, Page 1943   View pdf image
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