1972                                         EXECUTIVE ORDERS

EXECUTIVE ORDER OF JULY 6, 1970
APPELLATE JUDICIAL SELECTION

WHEREAS, The maintenance of strong and independent courts is essential to the
protection of the rights and freedom of every citizen of Maryland and is
indispensable to the preservation of the judiciary as one of the three equal
branches which comprise the government of our State; and

WHEREAS, Under the Constitution of Maryland the Governor is empowered to
appoint duly qualified persons to fill vacancies in the courts arising during his
term of office; and

WHEREAS, Only the most qualified,; conscientious and independent lawyers
available should be selected to fill judicial vacancies; and

WHEREAS, I believe that the high quality of our judiciary can best be maintained
through using in aid of the discretion reposed in the Governor a non-partisan
commission on judicial selection, to be composed of outstanding
representatives of both the bar and the public, to make nominations and
recommendations of such persons as they deem most qualified to fill such
vacancies;

NOW, THEREFORE, I, Marvin Mandel, Governor of Maryland, do hereby
create and establish the Governor's Commission on Appellate Judicial Selection,
the purpose of which shall be to assist the Governor in carrying out his desire and
intent to appoint to appellate judicial offices only those members of the bar who
are, by virtue of their learning, experience, character and temperament, best fitted
therefor. To that end, the Commission, upon call of the Governor, shall meet to
receive, consider and pass upon the qualifications of proposed appointees and to
suggest appointees for vacant appellate judicial offices.

The Commission shall be composed of thirteen members, of whom six shall be
from the general public appointed by the Governor, six shall be lawyers to be
elected by the members of the bar in an election conducted by the Administrative
Office of the Courts pursuant to rules governing such election promulgated by the
Court of Appeals of Maryland, and a Chairman who shall be appointed by the
Governor. Of the six members appointed by the Governor from the general public,
one shall be a resident and registered voter in each of the six appellate judicial
circuits. None of the members appointed by the Governor from the general public
shall be lawyers or elected State officials or full-time State employees. The six
lawyers elected by the members of the bar shall have such residency and other
qualifications as prescribed in rules promulgated by the Court of Appeals of
Maryland. The Chairman of the Commission shall be appointed from the State at
large, shall be a resident and registered Voter of Maryland, shall not be an elected
State official or a full-time State employee, and may be either a lawyer or a
layman.

The initial terms of the Chairman and the six lay members appointed by the
Governor shall expire with the expiration of the present gubernatorial term in
January 1971, and their successors shall serve for terms of four years coexistent
with the term of the Governor. The initial terms of the six lawyers elected by the
members of the bar shall expire with the expiration of the next gubernatorial term
in January 1975, and their successors shall serve for terms of four years coexistent
with the term of the Governor. If a vacancy occurs during a term among any of
the positions filed by gubernatorial appointees, the Governor shall appoint a person
having the same qualifications as the initial appointee to serve for the balance of
the term. Vacancies during a term among the positions filled by lawyers elected by
members of the bar, shall be filled as prescribed by rules promulgated by the Court