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Session Laws, 1995
Volume 793, Page 1494   View pdf image
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1995 LAWS OF MARYLAND

(F)     Any vacancies on the Commission shall be filled for the unexpired term by the
Governor in the same manner as for making of appointments to the Commission and
subject to the same qualifications which were applicable to the person causing the
vacancy.

(G)     [No] A member of the Commission [shall] MAY NOT receive any
compensation for [his] THE MEMBER'S services as such but shall be allowed any
expenses necessarily incurred in the performance of [his] THE MEMBER'S duties as such
member.

4B.

(a)     (1) The Commission on Judicial Disabilities has the power to:

(I)      [investigate] INVESTIGATE complaints against any judge of the
Court of Appeals, any intermediate courts of appeal, the Circuit Courts, the District
Court of Maryland, or the Orphans' Court; and

(II)     [to conduct] CONDUCT hearings concerning such complaints,
administer oaths and affirmations, issue process to compel the attendance of witnesses
and the production of evidence, and require persons to testify and produce evidence by
granting them immunity from prosecution or from penalty or forfeiture:

(2)     The Commission has the power to [issue a] reprimand [and the power
to recommend to the Court of Appeals the removal], REMOVE, [censure] CENSURE, or
TAKE other appropriate [disciplining of] DISCIPLINARY ACTION AGAINST a judge or,
in an appropriate case, [retirement] RETIRE A JUDGE UPON PETITION BY THE JUDGE.

(3)     [All proceedings, testimony, and evidence before the Commission shall
be confidential and privileged, except as provided by rule of the Court of Appeals; the
record and any proceeding filed with the Court of Appeals shall lose, its confidential
character, except as ordered by the Court of Appeals.] UPON PETITION BY THE JUDGE
THE COURT OF APPEALS SHALL REVIEW A DETERMINATION BY THE COMMISSION
TO RETIRE, REMOVE, CENSURE, REPRIMAND, OR OTHERWISE DISCIPLINE A JUDGE-
WHEN THE COURT OF APPEALS REVIEWS A DETERMINATION OF THE COMMISSION,
IT MAY MAKE AN INDEPENDENT REVIEW OF THE RECORD. A JUDGE OF THE COURT
OF APPEALS MAY NOT SIT IN JUDGMENT IN ANY HEARING INVOLVING THAT
JUDGE'S OWN CONDUCT.

(4)     [No] A judge [shall] MAY NOT participate as a member of the
Commission in any proceedings involving [his] THAT JUDGE'S own conduct, and the
Governor shall appoint another judge as a substitute member of the Commission for
those proceedings.

(5)     The [ Court of Appeals] GENERAL ASSEMBLY shall prescribe by
[rule] LAW the means to implement and enforce the powers of the Commission [and.]
THE COMMISSION SHALL PRESCRIBE BY RULE the practice and procedure before [the
Commission] IT.

(b)     (1) [Upon any recommendation of the] THE Commission, [the Court of
Appeals,] after a hearing and upon a finding of misconduct while in office, or of
persistent failure to perform the duties of [his] THE office, or of conduct prejudicial to

- 1494 -

Ch. 113

 

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Session Laws, 1995
Volume 793, Page 1494   View pdf image
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