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Amendments to Maryland Constitutions
Volume 380, Page 332   View pdf image (33K)
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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 the following amendments
be and they are hereby proposed to Section 21 of Article
4 of the Constitution of Maryland, title "Judiciary De-
partment", sub-title "Part III—Circuit Courts", the same,
if adopted by the qualified voters of the State, to super-
sede and stand in the place and stead of Section 21 of
Article 4 of the Constitution of Maryland:
21. From and after [January 1, 1945] December 1,
1954, there shall be at least three judges for the first,
second, third, fourth, fifth, [sixth] and seventh circuits,
and at least four judges in the sixth circuit to be styled
judges of the Circuit Court to be elected or appointed as
herein provided. [In any of said circuits in which there
shall be more than three judges (including an additional
judge of the Court of Appeals), no successor to the addi-
tional judge of the Court of Appeals shall be appointed
and elected as judge of said circuit. In any of said cir-
cuits in which there shall be only three judges (including
an additional judge of the Court of Appeals), a successor
to the additional judge of the Court of Appeals shall be
appointed and elected as judge of said circuit.] The afore-
said number of judges for any of the circuits shall be
subject to increase or decrease by the General Assembly
[law as provided in Section 5 of this Article]. The senior
judge in length of service shall be the chief judge of the
circuit [(unless there is an additional judge of the Court
of Appeals)]; the other judge or judges shall be associate
judges. No two of said judges of the Circuit Court shall
at the time of their election or appointment, or during the
terms for which they may have been elected or appointed,
reside in any one county other than Baltimore, Montgom-
ery, Prince George's or Allegany County and not more
than two in any county except [(if there is an additional
judge of the Court of Appeals)] Baltimore County; and
except further that after December 1, 1954, there shall be
not less than three judges of the Circuit Court in Mont-
gomery County and the vacancy hereby created shall be
filled as provided in Section 5 of this Article. In case any
candidate or candidates for judge at any election shall
receive sufficient votes to cause such candidate or candi-
dates to be declared elected, but the election of such can-
didate or candidates could cause more judges than
[herein] permitted by law to reside in any county of the
circuit then and in that event there shall be declared
elected only that candidate or those candidates residing
in said county, in the order of the votes received, whose


 
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Amendments to Maryland Constitutions
Volume 380, Page 332   View pdf image (33K)
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