12 LAWS OF MARYLAND [Ch. 2
rendering Art. 26, §148(b) unnecessary.
Actually, since the District Court is a
court of record; Const., Art. IV, §§1 and
148(b) is surplusage. A court of record
has inherent contempt powers; Heininger v..
Davis, 96 Ohio St. 205, 117 NE 229;
Memorandum to committee on Judicial Branch,
Const. Convention of Maryland, 11/7/67.
The contempt authority of orphans' courts
appears in Art. 93, §2-103.
Provisions for appeals from contempt
convictions appear in §§12-304 and 12-402.
(B) ADJUDICATION OF CONTEMPT NO BAR TO RELIEF IN
SAME PROCEEDINGS.
A PERSON MHO HAS BEEN ADJUDICATED GUILTY OF
CONTEMPT FOR FAILURE TO PAY A MONETARY AMOUNT
SPECIFIED IN A DECREE OR ORDER PASSED IN A CIVIL
PROCEEDING IS NOT BARRED BY REASON OF THE ADJUDICATION
OF CONTEMPT FROM FILING A PETITION FOR MODIFICATION OF
THE DECREE OR ORDER, REQUESTING ANY OTHER RELIEF, OR
PROCEEDING TO HEARING ON A PETITION, EVEN THOUGH THE
CONTEMPT HAS NOT BEEN PURGED OR REMOVED. A PETITION
FILED PRIOR TO ACTUAL ADJUDICATION OF CONTEMPT MAY BE
CONSOLIDATED IN THE DISCRETION OF THE COURT AND HEARD
WITH A CITATION FOR CONTEMPT, IF THE PETITION IS AT
ISSUE AND READY FOR DISPOSITION IN ACCORDANCE WITH THE
PRACTICE IN THE COURT IN WHICH THE MATTER IS PENDING.
REVISOR'S NOTE: This section is new language
derived from Art. 26, §5, slightly modified
in style. Art. 26, §5, is proposed for
repeal.
SEC. 1-203. PRACTICE OF LAW PROHIBITED.
(A) GENERAL RULE.
EXCEPT AS PROVIDED IN SUBSECTION (B), NO JUDGE
MAY DURING HIS TERM OF OFFICE PRACTICE LAW, MAINTAIN
AN OFFICE FOR THE PRACTICE OF LAW, OR HAVE ANY
INTEREST IN AN OFFICE FOR THE PRACTICE OF LAW, WHETHER
CONDUCTED IN WHOLE OR IN PART BY HIMSELF OR BY OTHERS.
A JUDGE MAY NOT ALLOW HIS NAME TO BE USED IN
CONNECTION WITH A LAW OFFICE, NOR MAY HE PROFIT
DIRECTLY OR INDIRECTLY FROM THE PRACTICE OF LAW.
(B) EXCEPTION.
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