Ch. 104

1994 LAWS OF MARYLAND

UNTIL THE JUDGE'S SEVENTY-FIFTH BIRTHDAY; PROVIDED THAT FROM AND AFTER
THE JUDGE'S SEVENTIETH BIRTHDAY, A MAJORITY OF JUDGES OF THE COURT OF
APPEALS ANNUALLY CERTIFIES THAT THE JUDGE IS PHYSICALLY, MENTALLY, AND
TEMPERAMENTALLY QUALIFIED TO CONTINUE TO PERFORM THE DUTIES OF
OFFICE. A JUDGE SO CERTIFIED SHALL, DURING THE YEAR FOLLOWING
CERTIFICATION, BE ELIGIBLE FOR REAPPOINTMENT OR REELECTION FOR AN
ADDITIONAL TERM AS PROVIDED IN SECTIONS 3, 18B, AND 41D OF THIS ARTICLE.

(B) IF A CERTIFICATION OF A JUDGE OF THE COURT OF APPEALS IS AT ISSUE,
THAT JUDGE SHALL EXCUSE HIMSELF OR HERSELF FROM PARTICIPATION IN THE
CERTIFICATION, AND THE CHIEF JUDGE OF THE COURT OF SPECIAL APPEALS SHALL
SIT AS A MEMBER OF THE COURT OF APPEALS FOR THE PURPOSE OF CONSIDERING
THAT CERTIFICATION.

5A.

(f) An appellate court judge shall retire when he attains his [seventieth]
SEVENTY-FIFTH birthday.

18B.

(a)      For the purpose of implementing the amendments to this article, dealing with
the selection and tenure of appellate court judges, the following provisions shall govern.

(b)     Each judge of an appellate court who is in office for an elected term on the
effective date of these amendments, unless he dies, resigns, retires, or is otherwise
lawfully removed, shall continue in office until the general election next after the end of
his elected term, or until his [seventieth] SEVENTY-FIFTH birthday, whichever first
occurs. His continuance in office is then subject to the provisions of section 5A(c) and (d)
of this article, applicable to judges of that court, but in no event shall any judge continue
in office after his [seventieth] SEVENTY-FIFTH birthday.

(c) Each judge of a court specified in subsection (b) who is in office on the
effective date of these amendments, but who has not been elected to that office by the
voters, shall, within fifteen days after the effective date of these amendments, be
reappointed to that office. His continuance in office is then subject to the provisions of
section 5A(c) and (d) of this article, applicable to judges of that court, but in no event
shall any judge continue in office after his [seventieth] SEVENTY-FIFTH birthday.

41D.

The Governor, by and with the advice and consent of the Senate, shall appoint each
judge of the District Court whenever for any reason a vacancy shall exist in the office. All
hearings, deliberations, and debate on the confirmation of appointees of the Governor
shall be public, and no hearings, deliberations or debate thereon shall be conducted by
the Senate or any committee or subcommittee thereof in secret or executive session.
Confirmation by the Senate shall be made upon a majority vote of all members of the
Senate. A judge appointed by the Governor may take office upon qualification and before
confirmation by the Senate, but shall cease to hold office at the close of the regular
annual session of the General Assembly next following his appointment or during which
he shall have been appointed by the Governor, if the Senate shall not have confirmed his

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