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[View page image to see text stricken out of bill]
Article IV - Judiciary Department
Section 14
BY proposing an addition to the Constitution of Maryland
Article XVIII - Provisions of Limited Duration
Section 4
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 it be proposed that the Constitution of Maryland read as follows:
Article IV - Judiciary Department
14.
The Court of Appeals shall be composed of seven judges, one from
the first appellate judicial circuit consisting of CAROLINE, Cecil, DORCHESTER, Kent,
Queen Anne's, [Caroline,] SOMERSET, Talbot, [Dorchester,] Wicomico, AND
Worcester [and Somerset] counties; one from the Second Appellate Judicial Circuit
consisting of Baltimore and Harford counties; one from the Third Appellate Judicial
Circuit, consisting of Allegany, CARROLL, Frederick, Garrett, [Montgomery] HOWARD,
and Washington counties; one from the Fourth Appellate Judicial Circuit, consisting of
Prince George's COUNTY [, Calvert, Charles and St. Mary's counties]; one from the
Fifth Appellate Judicial Circuit, consisting of Anne Arundel, CALVERT, CHARLES, AND
ST. MARY'S COUNTIES [Carroll and Howard counties]; [ and two] ONE from the Sixth
Appellate Judicial Circuit, consisting of Baltimore City; AND ONE FROM THE SEVENTH
APPELLATE JUDICIAL CIRCUIT, CONSISTING OF MONTGOMERY COUNTY. The Judges
of the Court of Appeals shall be residents of their respective Appellate
Judicial Circuits. The term of each Judge of the Court of Appeals shall
begin on the date of his qualification. One of the Judges of the Court of
Appeals shall be designated by the Governor as the Chief Judge. The jurisdiction of the
Court of Appeals shall be co-extensive with the limits of the State and such
as now is or may hereafter be prescribed by law. It shall hold its sessions in the City of
Annapolis at such time or times as it shall from time to time by rule prescribe. Its session
or sessions shall continue not less than ten months in each year, if the business before it
shall so require, and it shall be competent for the judges temporarily to transfer their
sittings elsewhere upon sufficient cause. The salary of each Judge of the Court
of Appeals shall be that now or hereafter prescribed by the General Assembly and
shall not be diminished during his continuance in office. Five of the judges shall
constitute a quorum, and five judges shall sit in each case unless the Court shall direct
that an additional judge or judges sit for any case. The concurrence of a majority of those
sitting shall be sufficient for the decision of any cause, and an equal division of those
sitting in a case has the effect of affirming the decision appealed from if there is no
application for reargument as hereinafter provided. In any case where there is an equal
division or a three to two division of the Court a reargument before the full Court of
seven judges shall be granted to the losing party upon application as a matter of right.
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