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Session Laws, 1973, Special Session
Volume 710, Page 387   View pdf image
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MARVIN MANDEL, Governor                                 387

GENERALLY.

THE COMMISSION ON JUDICIAL DISABILITIES
ESTABLISHED PURSUANT TO ARTICLE IV, §4A OF THE
CONSTITUTION, MAY ADMINISTER OATHS AND AFFIRMATIONS,
SUBPOENA ANY WITNESS, COMPEL HIS ATTENDANCE, TAKE
EVIDENCE AND REQUIRE THE PRODUCTION OF ANY BOOK,
PAPER, CORRESPONDENCE, MEMORANDUM, CONTRACT,
AGREEMENT, OTHER RECORD, OR TANGIBLE THING WHICH THE
COMMISSION FINDS RELEVANT OR MATERIAL TO AN INQUIRY OR
PROCEEDING BEFORE IT. AN OATH OR AFFIRMATION MAY BE
ADMINISTERED, AND A SUBPOENA ISSUED BY, ANY MEMBER OF
THE COMMISSION.

SEC. 13-402. REFUSAL TO OBEY SUBPOENA ISSUED BY
COMMISSION.

IN CASE OF CONTUMACY BY ANY PERSON, OR REFUSAL TO
OBEY A SUBPOENA ISSUED TO ANY PERSON BY THE
COMMISSION, THE COMMISSION MAY INVOKE THE AID OF THE
CIRCUIT COURT FOR THE COUNTY OR OF THE SUPERIOR COURT
OF BALTIMORE CITY WHERE THE PERSON RESIDES OR CARRIES
ON BUSINESS OR IS FOUND. THE COURT MAY ISSUE AN ORDER
REQUIRING THE PERSON TO APPEAR BEFORE THE COMMISSION,
AND THERE TO PRODUCE RECORDS, IF SO ORDERED. FAILURE
TO OBEY AN ORDER OF THE COURT MAY BE PUNISHED BY THE
COURT AS A CONTEMPT. PROCESS IN ANY CASE MAY BE
SERVED WHEREVER THE PERSON IS FOUND.

SEC. 13-403. IMMUNITY FROM PROSECUTION.

THE COMMISSION MAY GRANT TO ANY PERSON IMMUNITY
FROM PROSECUTION, OR FROM ANY PENALTY OR FORFEITURE,
FOR OR ON ACCOUNT OF ANY TRANSACTION, MATTER OR THING
CONCERNING WHICH THAT PERSON TESTIFIES OR PRODUCES
EVIDENCE, DOCUMENTARY OR OTHERWISE.

REVISOR'S NOTE: Sections 13-401 through 13-403
presently appear as Art. 40, §45, which was
adopted prior to the 1970 constitutional
amendment vesting final enforcement power to
the Court of Appeals instead of the General
Assembly. All references to the General
Assembly are proposed for deletion.

Subsection (a) merely enlarges upon language
of Art. IV, §4B (a) of the Constitution, but
its additional details may be useful. The
same is true of subsection (c).

Paragraph 5 of §45 is proposed for deletion

 

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Session Laws, 1973, Special Session
Volume 710, Page 387   View pdf image
 Jump to  
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