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Amendments to Maryland Constitutions
Volume 380, Page 533   View pdf image (33K)
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Orphans Court [and all other judges appointed or elected
if the full term of the office is not less than four
years (including a judge holding office on the date of
adoption of this amendment)]; and to conduct hearings
concerning [the removal or retirment of a judge] 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. The
Commission [shall have] HAS the power to ISSUE A
REPRIMAND AND THE POWER TO recoamend to the Court of
Appeals the removal [or retirement of a judge.], CENSURE
OR OTHER APPROPRIATE DISCIPLINING OF A JUDGE OR, IN AN
APPROPRIATE CASE, RETIREMENT. All proceedings, testimony,
and evidence before the Commission shall be confidential
and privileged, except [that] 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. No
judge shall participate AS A MEMBER OF THE COMMISSION in
any proceedings involving his own [removal or
retirement] CONDUCT, and the Governor shall appoint
Another judge as a substitute member of the Commission
for those proceedings.The Court of appeals shall
prescribe by rule the means to implement and enforce the
powers of the Commission and the practice and procedure
before the Commission.
(b) Upon ANY recommendation of the Commission [that
a Judge be removed from office, or that he be retired],,
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 office, or of conduct
prejudicial to the proper administration of justice, may
remove the judge from office or may censure OR OTHERWISE
DISCIPLINE him or the Court of Appeals, after hearing
and upon a finding of disability which is or is likely to
become permanent and which seriously interferes with the
performance of his duties, may retire the judge from
office. A judge removed under this section, and his
surviving spouse, shall have the rights and privileges
accruing from his judicial service only to the extent
prescribed by the order of removal. A judge [retiring]
RETIRED under this section shall have the rights and
privileges prescribed by law for other retired judges.
No judge OF THE COURT OF APPEALS shall sit in judgment in
any hearing involving his own [removal or retirement]
CONDUCT.
(c) This section is alternative to, and cumulative
with, the methods of retirement and removal provided in
Sections 3 and 4 of this Article, and in Section 26 of
Article III of this Constitution.


 
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Amendments to Maryland Constitutions
Volume 380, Page 533   View pdf image (33K)
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