MARVIN MANDEL, Governor                                 9

BY RULE REGULATE TERMS OF COURT FOR PURPOSES OTHER
THAN THE RETURN OF PROCESS AND MAY MAKE OTHER RULES OF
PRACTICE AND PROCEDURE SUBJECT TO AND NOT INCONSISTENT
WITH ANY RULE OF THE COURT OF APPEALS. HOWEVER,
EXCEPT FOR A RULE REGULATING TERMS OF COURT, EVERY
RULE SHALL BE ADOPTED PURSUANT TO THE LIMITATIONS AND
PROCEDURES PRESCRIBED BY THE MARYLAND RULES, UNLESS
AUTHORITY TO ADOPT RULES IS EXPRESSLY GRANTED BY
PUBLIC GENERAL LAW. FOR THE PURPOSE OF APPLYING THIS
SECTION TO THE SEVERAL COURTS COMPRISING THE SUPREME
BENCH OF BALTIMORE CITY, "COURT" MEANS THE SUPREME
BENCH OF BALTIMORE CITY.

REVISOR'S NOTE: The basic constitutional grants
of rule—making power are found in Art. IV,
§§ 18 and 18A; see also §33, as to the
Supreme Bench. Strictly speaking, no
legislative implementation of this power is
required. However, subsection (a) of
§1-201 is included as a reference to the
rule—making authority of the Court of
Appeals, and as a legislative rule of
construction. Its genesis is Art. 26, §25
of the Code, proposed for repeal. Note
that subsection (a) specifically omits §25
of Art. 26 regarding prohibition against
rule-making in the criminal field, and also
the requirement that every rule be
submitted to the General Assembly. The
latter reguirement has not been observed
since at least 1945, when Art. IV, §18A of
the Constitution became effective. Neither
of these provisions is consistent with the
Constitution. The language dealing with
rules of evidence is retained.

Subsection (b) eliminates any potential
conflict between Art. 26, §§1 and 27 (both
proposed for repeal) and Md. Rule 1. It is
a restatement of the combined effect of the
two statutes; Petite v. Papachrist's
Estate, 219 Md. 173, 148 A2d. 377 (1959).
It also restates Md. Rule 1.g. relative to
terms of the court, and refers to Md. Rule
1.f. with respect to local rules. Finally,
it notes the possibility of a
legislatively-granted rule—making power,
such as the power of the chief judge of the
District Court to make rules; §1—605(b) of
this article (formerly Art. 26, §144(b)}.
This must be retained, because the power of