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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 115   View pdf image (33K)
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[Art. 4] JUDICIARY DEPARTMENT 115

The Governor shall appoint to said Court, to take office on the first
Monday of May, 1941, one Associate Judge for a term expiring December
31, 1942, one Associate Judge for a term expiring December 31, 1944,
and a Chief Judge for a term expiring December 31, 1946; and, upon
the creation of any additional office on said Court by increase in the num-
ber of Judges pursuant to this Section, shall appoint an Associate Judge
for such term, not exceeding eight years and expiring on the thirty-first day
of December immediately following a Congressional election, as the law
creating such office shall prescribe. If any vacancy occurs during any such
original term, the Governor shall appoint a successor to serve for the re-
mainder of such term. After the expiration of said original terms, the
terms of office of said Court shall be for eight years from the expiration
of the preceding term, and shall be filled as follows:

(1) Any incumbent Judge of said Court shall be eligible, at the Con-
gressional election immediately preceding the expiration of his period
of appointment or term, for election or re-election to succeed himself (a)
for a full term of eight years, except as provided in (b) hereof; or (b) for
the unexpired remainder of the current eight year term, if his appoint-
ment will expire before the end of such term. No person other than an
incumbent Judge shall be eligible for election to said Court.

(2) Whenever a vacancy shall occur on said Court from any cause the
Governor shall appoint to said Court a Judge who shall hold office under
such appointment until the thirty-first day of December immediately fol-
lowing the first Congressional election occurring six months or more after
the date of his appointment. No Judge of said Court, who has stood for
election to succeed himself and not been elected, shall thereafter be ap-
pointed to said Court, and no Judge of said Court, who has failed to stand
for election when eligible, shall be appointed to succeed himself.

(3) In order to qualify for election or re-election an incumbent Judge
shall file with the Supervisors of Elections of Baltimore City not later than
thirty days before the date of the applicable election a certificate signed
and duly acknowledged, stating the basis of his eligibility and the term
or remainder of term for which he is eligible for election. Thereupon,
the name of such Judge, together with a statement of the term or remainder
of term for which he is eligible, shall be placed upon the ballot to be used
in said City in such election, with no party designation whatever and
with no opposing candidate, with space provided to permit any voter to
cast his vote for or against the continuance in office of such Judge; if
the votes cast for the continuance in office of such Judge represent a ma-
jority of all the votes cast for or against his continuance in office, such
Judge shall hold office for the unexpired remainder of the term or for
the full term of eight years, as the case may be.

Unless his office shall have been abolished pursuant to this Section, each
Judge of said Court shall continue to hold office after the expiration of his
period of appointment or term until a successor shall qualify. As used in
this Section, "Congressional election" means any of the biennial elections
at which members of the House of Representatives are regularly chosen.

Said Court shall have such jurisdiction (which may be made exclusive
as to any class or classes of civil cases in Baltimore City), with such right
of appeal, therefrom, and the Chief Judge and Associate Judges thereof
shall have such powers and duties, as the General Assembly shall prescribe
from time to time by law. The Judges of said Court shall have full power


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 115   View pdf image (33K)
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