WILLIAM DONALD SCHAEFER, Governor Ch. 104
certain certification of certain judges; providing for the application of this Act; and
submitting this amendment to the qualified voters of the State of Maryland for their
adoption or rejection.
BY proposing an amendment to the Constitution of Maryland
Article IV - Judiciary Department
Section 3, 3A, 5A(f), 18B, and 41D
BY proposing an addition to the Constitution of Maryland
Article IV - Judiciary Department
Section 3B
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, (Three-fifths of all the members elected to each of the two Houses
concurring), That it be proposed that the Constitution of Maryland read as follows:
Article IV - Judiciary Department
3.
Except for the Judges of the District Court, the Judges of the several Courts other
than the Court of Appeals or any intermediate courts of appeal shall, subject to the
provisions of Section 5 of this Article of the Constitution, be elected in Baltimore City
and in each county, by the qualified voters of the city and of each county, respectively, all
of the said Judges to be elected at the general election to be held on the Tuesday after the
first Monday in November, as now provided for in the Constitution. Each of the said
Judges shall hold his office for the term of fifteen years from the time of his election, and
until his successor is elected and qualified, or until he shall have attained the age of
[seventy] SEVENTY-FIVE years, whichever may first happen, and be reeligible thereto
until he shall have attained the age of [seventy] SEVENTY-FIVE years, and not after. In
case of the inability of any of said Judges to discharge his duties with efficiency, by reason
of continued sickness, or of physical or mental infirmity, it shall be in the power of the
General Assembly, two-thirds of the members of each House concurring, with the
approval of the Governor to retire said Judge from office.
3A.
(a) Any former judge, except a former judge of the Orphans' Court, may be
assigned by the Chief Judge of the Court of Appeals, upon approval of a majority of the
court, to sit temporarily in any court of this State, except an Orphans' Court, as provided
by law.
(b) The provisions of this section apply, notwithstanding provisions appearing
elsewhere in this Article pertaining to retirement of judges upon attaining age [70] 75.
3B.
(A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, A JUDGE
OF THE APPELLATE COURTS, A CIRCUIT COURT, OR THE DISTRICT COURT WHO
ATTAINS THE AGE OF SEVENTY YEARS ON OR AFTER JANUARY 1, 1995, AND IS
OTHERWISE ENTITLED TO HOLD OFFICE MAY SERVE, UPON NOTICE TO THE PUBLIC,
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