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Session Laws, 1988
Volume 770, Page 78   View pdf image
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Ch. 2

LAWS OF MARYLAND

(F) SALARY.

EACH JUDGE IS ENTITLED TO THE SALARY PROVIDED IN THE STATE
BUDGET.

REVISOR'S NOTE: Subsections (a) through (c), (d)(1) and
(3), and (f) of this section are new language derived
without substantive change from the second, third,
fifth, and eighth through twelfth sentences, the first
clause of the seventh sentence, and, except as it
related to the designation and term of the Chief
Judge, the sixth sentence of former Art. 81, § 224.

Subsection (d)(2) of this section is standard language
substituted for the ninth and tenth sentences of
former Art. 81, § 224, which specified the terms of
the initial members and were obsolete.

Subsection (d)(4) of this section is standard language
that follows from the requirement that there be
staggered terms. An inherent aspect of staggered
terms is that they must begin and end at set
intervals. Subsection (d)(4) of this section
applies: (1) when a successor is appointed to
replace a member who has died, resigned, or failed for
any other reason to complete a term; (2) when a member
is appointed to succeed a member who has "held over"
to part of the next term, pending the delayed
appointment and qualification of the successor; or (3)
when, in any other situation, a member takes office
after a term has begun, e.g., when, at the completion
of a term, there is a delay in the appointment of a
successor, but the member who served the prior term
does not "hold over", thus creating, at the start of
the next term, a vacancy that is associated neither
with the replacement of a member who served part of
the current term nor with the completion of a term
started by a "holdover".

Subsection (e) of this section is new language added
to state explicitly grounds for removal. It is based
on Md. Constitution, Art. II, § 15. For other
provisions on removal, see: Md. Constitution, Art. XV,
§ 2, on suspension and removal for crimes, and Art.
41, § 1-203 of the Code, on removal for failure to
attend meetings.

In subsection (a)(1) of this section, the former
reference to a "taxpayer" is deleted as unnecessary
since the qualifications for being a "qualified voter"
encompass those for being subject to the income tax.

In subsection (f) of this section, the former clause
"these salaries to be payable out of the treasury of
the State" is deleted as surplusage.

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Session Laws, 1988
Volume 770, Page 78   View pdf image
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