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Amendments to Maryland Constitutions
Volume 380, Page 254   View pdf image (33K)
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for a Court of Appeals of five judges and relating to the
number, selection, qualifications and duties of the judges
of the Court of Appeals and other Courts; and to provide
for the submission of said amendment to the qualified
voters of the State of Maryland for adoption or rejection.
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 sections
be, and the same hereby are, proposed as an amendment
to Article IV of the Constitution of Maryland, title "Judici-
ary Department", amending Section 5 (under sub-title
""Part IóGeneral Provisions"), Section 14 (under sub-title
"Part IIóCourt of Appeals"), and Section 21 (under sub-
title "Part IIIóCircuit Courts"), and adding a new sec-
tion, to follow Section 18 (under sub-title "Part IIóCourt
of Appeals") and to be designated Section ISA, the same,
if adopted by the legal and qualified voters of the State,
as herein provided, to supersede and stand in the place and
stead of Sections 5, 14 and 21 of Article IV of the Constitu-
tion of Maryland.
PART IóGENERAL.
Sec. 5. Upon every occurrence or recurrence of a va-
cancy through death, resignation, removal, disqualification
by reason of age or otherwise, or expiration of the term
of fifteen years of any judge, or creation of the office of
any judge, or in any other way, the Governor shall appoint
a person duly qualified to fill said office, who shall hold the
same until the election and qualification of his successor.
His successor shall be elected at the first biennial general
election for Representatives in Congress after the expira-
tion of the term of fifteen years (if the vacancy occurred
in that way) or the first such general election after one
year after the occurrence of the vacancy in any other way
than through expiration of such term. Except in case of
reappointment of a judge upon expiration of his term of
fifteen years, no person shall be appointed who will become
disqualified by reason of age and thereby unable to continue
to hold office until the prescribed time when his successor
would have been elected.
PART IIóCOURT OF APPEALS.
Sec. 14. Until January 1, 1945, the Court of Appeals
shall be composed of the Judges in office on November 7,
1944. From and after January 1, 1945, the Court of Ap-
peals shall be composed of five Judges, two from the City
of Baltimore; one from the First Appellate Judicial Circuit,


 
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Amendments to Maryland Constitutions
Volume 380, Page 254   View pdf image (33K)
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