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Ch. 421 2006 LAWS OF MARYLAND
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Article IV - Judiciary Department
22.
Where any [Term is held, or] trial IS conducted by less than [the whole number
of said] THREE Circuit Judges, upon the decision or determination of any point, or
question, by the Court, it shall be competent to the party, against whom the ruling or
decision is made, upon motion, to have the point, or question reserved for the
consideration of [the] three Judges of the Circuit, who shall constitute a court in banc
for such purpose; and the motion for such reservation shall be entered of record,
during the sitting[,] at which such decision may be made; and the [several Circuit
Courts shall regulate, by rules, the mode and manner of presenting such points, or
questions to the Court in banc, and] PROCEDURE FOR APPEALS TO THE CIRCUIT
COURT IN BANC SHALL BE AS PROVIDED BY THE MARYLAND RULES, [the] THE
decision of the said Court in banc shall be the effective decision in the premises, and
conclusive, as against the party[,] at whose motion said points, or questions were
reserved; but such decision in banc shall not preclude the right of Appeal[, or writ of
error to the] BY AN adverse party WHO DID NOT SEEK IN BANC REVIEW, in those
cases, civil or criminal, in which appeal[, or writ of error] to the Court of SPECIAL
Appeals may be allowed by Law. The right of having questions reserved shall not,
however, apply to trials of Appeals from judgments of the District Court, nor to
criminal cases below the grade of felony, except when the punishment is confinement
in the Penitentiary; and this Section shall be subject to such provisions as may
hereafter be made by Law.
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly
determines that the amendment to the Maryland Constitution proposed by this Act
affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the
Maryland Constitution concerning local approval of constitutional amendments do
not apply.
SECTION 3. AND BE IT FURTHER ENACTED, That the aforegoing section
proposed as an amendment to the Maryland Constitution shall be submitted to the
legal and qualified voters of this State at the next general election to be held in
November, 2006 for their adoption or rejection in pursuance of directions contained in
Article XIV of the Maryland Constitution. At that general election, the vote on this
proposed amendment to the Constitution shall be by ballot, and upon each ballot
there shall be printed the words "For the Constitutional Amendment" and "Against
the Constitutional Amendment," as now provided by law. Immediately after the
election, all returns shall be made to the Governor of the vote for and against the
proposed amendment, as directed by Article XIV of the Maryland Constitution, and
further proceedings had in accordance with Article XIV.
Approved May 2, 2006.
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