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Session Laws, 1972
Volume 708, Page 1206   View pdf image
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1206                             Laws of Maryland                      [Ch. 361

Court of Special Appeals to ten, providing for the additional
judge to be selected from the State at large, increasing the juris-
diction of the Court of Special Appeals, and providing for review
by the Court of Appeals of cases pending in the Court of Special
Appeals by certiorari before or after rendition of decision.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 130 of Article 26 of the Annotated Code of Maryland
(1966 Replacement Volume and 1971 Supplement), title "Courts,"
subtitle "Court of Special Appeals," be and it is hereby repealed
and re-enacted, with amendments, to read as follows:

130.

There is hereby created an intermediate court of appeal, to
be known as the "Court of Special Appeals" and which shall be
composed of [nine] ten judges, one from the first appellate judicial
circuit consisting of Cecil, Kent, Queen Anne's, Caroline, Dorchester,
Wicomico, Somerset, Worcester, and Talbot counties; one from the
second appellate judicial circuit consisting of Baltimore and Har-
ford counties; one from the third appellate judicial circuit consist-
ing of Montgomery, Frederick, Washington, Allegany and Garrett
counties; one from the fourth appellate judicial circuit consisting
of Prince George's, Calvert, Charles and St. Mary's counties; one
from the fifth appellate judicial circuit consisting of Anne Arundel,
Carroll and Howard counties; two from the sixth appellate judicial
circuit consisting of Baltimore City; and [two] three from the
State at large. All of the judges of the Court of Special Appeals
shall be appointed and/or elected as provided in Article IV of the
Constitution. The seven judges of the Court of Special Appeals from
designated appellate judicial circuits shall be residents of their
respective appellate judicial circuits. Insofar as the Constitution
provides for the election of judges of the Court of Special Appeals,
the election of a judge from a designated appellate judicial circuit
shall be by the qualified voters of that circuit. The [two] three
judges of the Court of Special Appeals from the State at large may
be residents of any of the appellate judicial circuits. Insofar as the
Constitution provides for the election of judges of the Court of
Special Appeals, the election of a judge from the State at large
shall be by the qualified voters of the entire State. The term of
each judge of the Court of Special Appeals shall begin on the date
of his qualification for the office. One of the judges of the Court of
Special Appeals shall be designated by the Governor as Chief Judge.
The Court of Special Appeals shall hold its sessions in the City
of Annapolis and at such time or times as it shall from time to
time by rule prescribe. Its session or sessions shall continue not less
than ten months in each year if the business before it shall so re-
quire. The salary of each judge of the Court of Special Appeals
shall be that prescribed in Section 47 (b) of this article and shall
not be diminished during his continuance in office. Cases before the
Court of Special Appeals shall be heard and determined by a panel
of not less than three judges, unless a hearing or rehearing before
the Court in bane is ordered by a majority of the judges of the Court.
Panels of the Court of Special Appeals shall be constituted and
shall sit at such times and hear such cases as the Chief Judge of the
Court of Special Appeals may direct from time to time. Five judges
shall constitute a quorum of the Court in bane, and a quorum of a

 

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Session Laws, 1972
Volume 708, Page 1206   View pdf image
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