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Session Laws, 1982
Volume 742, Page 263   View pdf image
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HARRY HUGHES, Governor

263

(VII)  3 SHALL BE REPRESENTATIVES OF THE
STATE JUDICIARY; AND

(VIII)  9 SHALL BE FROM THE GENERAL PUBLIC.

(B)  QUALIFICATIONS OF PUBLIC MEMBERS.

OF THE 9 MEMBERS FROM THE GENERAL PUBLIC:

(1)  3 SHALL BE CHOSEN ON THE BASIS OF THEIR
INTEREST IN AND EXPERIENCE WITH MINORS AND JUVENILE
PROBLEMS;

(2)  3 SHALL:

(I)  BE, AT THE TIME OF APPOINTMENT TO A
FIRST TERM, 16 YEARS OLD OR OLDER AND UNDER THE AGE OF 25
YEARS; AND

(II)  INCLUDE AT LEAST 1 INDIVIDUAL WHO HAS
BEEN UNDER THE JURISDICTION OF THE ADMINISTRATION.

(C)  TENURE; VACANCIES.

(1)  THE TERM OF A MEMBER IS 3 YEARS.

(2)  THE TERMS OF MEMBERS ARE STAGGERED AS
REQUIRED BY THE TERMS PROVIDED FOR MEMBERS OF THE STATE
ADVISORY BOARD ON JULY 1, 1982. THE TERMS OF ONE THIRD OF
THOSE MEMBERS END EACH YEAR.

(3)  AT THE END OF A TERM, A MEMBER CONTINUES TO
SERVE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES.

(4)  A MEMBER WHO IS APPOINTED AFTER A TERM HAS
BEGUN SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A
SUCCESSOR IS APPOINTED AND QUALIFIES.

(5)  A MEMBER WHO SERVES 2 CONSECUTIVE FULL
3-YEAR TERMS MAY NOT BE REAPPOINTED FOR 3 YEARS AFTER
COMPLETION OF THOSE TERMS.

REVISOR'S NOTE: Subsections (a), (b), and (c)(1), (2),
(4), and (5) of this section are new language
derived without substantive change from the
second through sixth sentences of former Article
52A, § 3(a) and the first, second, and fourth
sentences of (a-1).

Subsection (c)(3) of this section is standard
language added to provide for gaps in membership
by indicating that a member serves until a
successor takes office. This provision is
supported by the cases of Benson v. Mellor, 152

 

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Session Laws, 1982
Volume 742, Page 263   View pdf image
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