USA > Maryland > Leading events of Maryland history; with topical analyses, references, and questions for original thought and research > Part 21
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Removal of Judges
Sec. 4. Any Judge shall be removed from office by the Governor, on con- viction in a Court of Law, of incompetency, of willful neglect of duty, misbe- havior in office or any other crime, or on impeachment, according to this Constitution, or the Laws of the State; or on the address of the General Assembly, two-thirds of each House concurring in such address, and the accused having been notified of the charges against him, and having had opportunity of making his defense.
Sec. 5. After the election for Judges, to be held as above mentioned, upon the expiration of the term, or in case of the death, resignation, removal, or
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other disqualification of any Judge, the Governor shall appoint a person duly qualified to fill said office, who shall hold the same until the next general election for members of the General Assembly, when a successor shall be elected, whose tenure of office shall be the same, as hereinbefore provided ; but if the vacancy shall occur in the City of Baltimore, the time of election shall be the fourth Wednesday in October following.
Election of Judges - Appointment by Governor
[Sec. 5. After the election for Judges, as hereinbefore provided, there shall be held in this State, in every fifteenth year thereafter, on the Tuesday after the first Monday in November of such year, an election for Judges as herein provided ; and in case of death, resignation, removal or disqualification by reason of age or otherwise of any Judge, the Governor shall appoint a person duly qualified to fill said office, who shall hold the same until the next General Election for members of the General Assembly, when a successor shall be elected, whose term of office shall be the same as hereinbefore provided, and upon the expiration of the term of fifteen years for which any Judge may be elected to fill a vacancy, an election for his successor shall take place at the next General Election for members of the General Assembly to occur upon or after the expiration of his said term ; and the Governor shall appoint a person duly qualified to hold said office from the expiration of such term of fifteen years until the election and qualification of his successor.] 1
Duties
Sec. 6. All Judges shall, by virtue of their offices, be Conservators of the Peace throughout the State; and no fees, or perquisites, commission or reward of any kind, shall be allowed to any Judge in this State, besides his annual salary, for the discharge of any Judicial duty.
Disqualifications
Sec. 7. No Judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consan- guinity within such degrees as now are or may hereafter be prescribed by Law, or where he shall have been of counsel in the case.
Sec. 8. The parties to any cause may submit the same to the court for determination, without the aid of a jury; and the Judge, or Judges of any Court of this State, except the Court of Appeals, shall order and direct the
1 Thus amended by Act of 1880, ch. 417, ratified by the people at November election, I881.
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record of proceedings in any suit or action, issue or petition, presentment or indictment, pending in such court, to be transmitted to some other court, (and of a different circuit, if the party applying shall so elect,) having jurisdiction in such cases, whenever any party to such cause or the counsel of any party, shall make a suggestion, in writing, supported by the affidavit of such party or his counsel, or other proper evidence, that the party cannot have a fair or impartial trial in the court in which suit, or action, issue or petition, present- ment or indictment is pending, or when the Judges of said court shall be dis- qualified under the provisions of this Constitution to sit in any such suit, action, issue or petition, presentment or indictment ; and the General Assem- bly shall make such modifications of existing Law as may be necessary to regulate and give force to this provision.
Trial without jury - Removal of cases
[Sec. 8. The parties to any cause may submit the same to the Court for determination without the aid of a Jury and in all suits or actions at law, issues from the Orphans' Court or from any Court sitting in Equity, and in all cases of presentments or indictments for offences which are or may be punishable by death pending in any of the Courts of Law of this State having jurisdiction thereof, upon suggestion in writing under oathı of either of the parties to said proceedings, that such party cannot have a fair and impartial trial in the Court in which the same may be pending, the said Court shall order and direct the Record of Proceedings in such Suit or Action, Issue, Presentment or Indictment, to be transmitted to some other Court having jurisdiction in such case, for trial ; but in all other cases of Presentment or Indictment pending in any of the Courts of Law in this State having jurisdic- tion thereof, in addition to the suggestion in writing of either of the parties to such Presentment or Indictment that such party cannot have a fair and impartial trial in the Court in which the same may be pending, it shall be necessary for the party making such suggestion to make it satisfactorily appear to the Court that such suggestion is true, or that there is reasonable ground for the same ; and thereupon the said Court shall order and direct the Record of Proceedings in such Presentment or Indictment to be transmitted to some other Court having jurisdiction in such cases for trial ; and such right of removal shall exist upon suggestion in cases when all the Judges of said Court may be disqualified, under the provisions of this Constitution to sit in any case ; and said court to which the Record of Proceedings in such Suit or Action, Issue, Presentment or Indictment may be so transmitted, shall hear and determine the same in like manner as if such Suit or Action, Issue, Pre- sentment or Indictment has been originally instituted therein ; and the General
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Assembly shall make such modification of existing law as may be necessary to regulate and give force to this provision.] 1
Officers of Court; how appointed
Sec. 9. The Judge or Judges of any Court may appoint such officers for their respective Courts as may be found necessary ; and such officers of the Courts in the City of Baltimore shall be appointed by the Judges of the Su- preme Bench of Baltimore City. It shall be the duty of the General Assembly to prescribe by law a fixed compensation for all such officers, and said Judge or Judges shall from time to time investigate the expenses, costs and charges of their respective Courts, with a view to a change or reduction thereof, and report the result of such investigation to the General Assembly for its action.
Records - Fees - Visitorial power - Rules
Sec. 10. The Clerks of the several Courts created or continued by this Constitution shall have charge and custody of the records and other papers ; shall perform all the duties, and be allowed the fees which appertain to their several offices, as the same now are or may hereafter be regulated by law. And the office and business of said Clerks, in all their departments, shall be subject to the visitorial power of the Judges of their respective Courts, who shall exercise the same, from time to time, so as to insure the faithful perform- ance of the duties of said offices ; and it shall be the duty of the Judges of said Courts, respectively, to make from time to time such rules and regula- tions as may be necessary and proper for the government of said Clerks, and for the performance of the duties of their offices, which shall have the force of law until repealed or modified by the General Assembly.
Election returns - Commissions
Sec. II. The election for Judges hereinbefore provided, and all elections for Clerks, Registers of Wills and other officers provided in this Constitution, except State's Attorneys, shall be certified, and the returns made by the Clerks of the Circuit Courts of the Counties, and the Clerk of the Superior Court of Baltimore City, respectively, to the Governor, who shall issue com- missions to the different persons for the offices to which they shall have been, respectively, elected ; and in all such elections the person having the greatest number of votes shall be declared elected.
1 Thus amended by Act of 1874, ch. 364, ratified by the people at November election, I875.
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Tie elections
Sec. 12. If in any case of election for Judges, Clerks of the Courts of Law, and Register of Wills, the opposing candidates shall have an equal number of votes, it shall be the duty of the Governor to order a new election ; and in case of any contested election the Governor shall send the returns to the House of Delegates, which shall judge of the election and qualification of the candidates at such election, and if the judgment shall be against the one who has been returned elected, or the one who has been commissioned by the Gov- ernor, the House of Delegates shall order a new election within thirty days.
Style of Commissions
Sec. 13. All Public Commissions and Grants shall run thus : "The State of Maryland, &c.," and shall be signed by the Governor, with the Seal of the State annexed; all writs and process shall run in the same style, and be tested, sealed and signed as heretofore, or as may hereafter be provided by law ; and all indictments shall conclude, " against the peace, government and dignity of the State."
Part II. - Court of Appeals Chief Judge - Jurisdiction - Sessions
Sec. 14. The Court of Appeals shall be composed of the Chief Judges of the first seven of the several Judicial Circuits of the State and a Judge from the City of Baltimore specially elected thereto, one of whom shall be desig- nated by the Governor, by and with the advice and consent of the Senate, as the Chief Judge ; and in all cases until action by the Senate can be had, the Judge so designated by the Governor shall act as Chief Judge. The Judge of the Court of Appeals from the City of Baltimore shall be elected by the quali- fied voters of said city at the election of Judges to be held therein, as here- inbefore provided ; and in addition to his duties as Judge of the Court of Appeals, shall perform such other duties as the General Assembly shall pre- scribe. The jurisdiction of said 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, on the first Monday in April, and the first Monday in October ; [on the second Monday in Janu- ary, the first Monday in April and the first Monday in October] 1 of each and every year, or at such other times as the General Assembly may by Law direct. Its sessions shall continue not less than ten months in the year, if the business
1 Term thus arranged by Act of 1886, ch. 185.
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before it shall so require ; and it shall be competent for the Judges tempora- rily to transfer their sittings elsewhere upon sufficient cause.
Quorum - Judge below not to sit - Opinion
Sec. 15. Four of said Judges shall constitute a quorum ; no cause shall be decided without the concurrence of at least three ; but the Judge who heard the cause below shall not participate in the decision ; in every case an opinion, in writing, shall be filed within three months after the argument or submission of the cause; and the judgment of the court shall be final and conclusive ; and all cases shall stand for hearing at the first term after the transmission of the record.
Publication of reports
Sec. 16. Provision shall be made by law for publishing reports of cases argued and determined in the Court of Appeals, which the Judges shall desig- nate as proper for publication.
Clerks - Removal - Vacancy
Sec. 17. There shall be a Clerk of the Court of Appeals, who shall be elected by the legal and qualified voters of the State, who shall hold his office for six years, and until his successor is duly qualified ; he shall be subject to removal by the said Court for incompetency, neglect of duty, misdemeanor in office, or such other cause or causes as may be prescribed by law ; and in case of a vacancy in the office of said Clerk. the Court of Appeals shall appoint a Clerk of said Court, who shall hold his office until election and qualification of his successor, who shall be elected at the next general election for mem- bers of the General Assembly ; and the person so elected shall hold his office for the term of six years from the time of election.
Rules for Appeals - Record - Practice -. Costs - Rules in Equity
Sec. 18. It shall be the duty of the Judges of the Court of Appeals, as soon after their election under this Constitution as practicable, to make and publish rules and regulations for the prosecution of appeals to said appellate court whereby they shall prescribe the periods within which appeals may be taken, what part or parts of the proceedings in the court below shall constitute the record on appeal and the manner in which such appeals shall be brought to hearing or determination, and shall regulate, generally, the practice of said Court of Appeals so as to prevent delays and promote brevity in all records and proceedings brought into said court, and to abolish and avoid all un-
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necessary costs and expenses in the prosecution of appeals therein ; and the said Judges shall make such reductions in the fees and expenses of the said courts as they may deem advisable. It shall be the duty of said Judges of the Court of Appeals, as soon after their election as practicable, to devise and promulgate by rules or orders, forms and modes of framing and filing bills, answers and other proceedings and pleadings in Equity ; and also forms and modes of taking and obtaining evidence, to be used in Equity cases ; and to revise and regulate, generally, the practice in the Courts of Equity of this State, so as to prevent delays, and to promote brevity and conciseness in all pleadings and proceedings therein, and to abolish all unnecessary costs and expenses attending the same. And all rules and regulations hereby directed to be made shall. when made, have the force of Law until rescinded, changed or modified by the said Judges, or the General Assembly.
Part III. - Circuit Courts
Judicial Circuits
Sec. 19. The state shall be divided into eight Judicial Circuits, in manner following, viz .: The Counties of Worcester, Somerset, Dorchester and Wico- mico1 shall constitute the First Circuit ; the Counties of Caroline, Talbot, Queen Anne's, Kent and Cecil, the Second; the Counties of Baltimore and Harford, the Third ; the Counties of Allegany, Washington and Garrett,2 the Fourth ; the Counties of Carroll, Howard and Anne Arundel, the Fifth ; the Counties of Montgomery and Frederick, the Sixth ; the Counties of Prince George's, Charles, Calvert and St. Mary's, the Seventh, and Baltimore City, the Eighth.
County Courts - Jurisdiction
Sec. 20. A Court shall be held in each County of the State, to be styled the Circuit Court for the County in which it may be held. The said Circuit Courts shall have and exercise, in the respective Counties, all the power, authority and jurisdiction, original and appellate, which the present Circuit Courts of this State now have and exercise, or which may hereafter be prescribed by Law.
Chief Judge and two Associates - Residence - Terms - Quorum
Sec. 21. For each of the said Circuits (excepting the Eighth) there shall be a Chief Judge and two Associate Judges, to be styled Judges of the Circuit
1 Wicomico formed since the adoption of this Constitution.
2 Garrett formed since the adoption of this Constitution.
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Court, to be elected or appointed as herein provided. And no two of said Associate Judges shall at the time of their election, or appointment, or during the term for which they may have been elected or appointed, reside in the same County. If two or more persons shall be candidates for Associate Judge in the same County, that one only in said County shall be declared elected who has the highest number of votes in the Circuit. In case any two candi- dates for Associate Judge, residing in the same County, shall have an equal number of votes, greater than any other candidate for Associate Judge in the Circuit, it shall be the duty of the Governor to order a new election for one Associate Judge ; but the person residing in any other County of the Circuit, and who has the next highest number of votes, shall be declared elected. The said Judges shall hold not less than two terms of the Circuit Court in each of the Counties, composing their respective Circuits, at such times as are now, or may hereafter be prescribed, to which Jurors shall be summoned ; and in those Counties where only two such terms are held, two other and intermediate terms, to which Jurors shall not be summoned ; they may alter or fix the times for holding any or all terms, until otherwise prescribed, and shall adopt rules to the end that all business not requiring the interposition of a Jury shall be, as far as practicable, disposed of at said intermediate terms. One Judge in each of the above Circuits shall constitute a quorum for the transaction of any business ; and the said Judges, or any of them, may hold Special Terms of their Courts, whenever in their discretion, the business of the several Counties renders such Terms necessary.
Court in banc
Sec. 22. Where any term is held, or trial conducted by less than the whole number of said Circuit Judges, upon the decision or determination of any point or question by the Court, it shall be competent to the party against whom the ruling or decision is made, upon motion, to have the point or question reserved for the consideration of the three Judges of the Circuit, who shall constitute a Court in banc for such purpose; and the motion for such reservation shall be entered of record during the sitting at which such decision may be made ; and the several Circuit Courts shall regulate, by rules, the mode and manner of presenting such points or questions to the Court in banc, and the decision of the said Court in banc shall be the effective decision in the premises, and conclusive, as against the party at whose motion said points or questions were reserved ; but such decision in banc shall not preclude the right of appeal or writ of error to the adverse party in those cases, civil or criminal, in which appeal or writ of error to the Court of Appeals may be allowed by law. The right of having questions reserved shall not,
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however, apply to trials of Appeals from judgments of Justices of the Peace, nor to Criminal cases below the grade of felony, except when the punishment is confinement in the penitentiary ; and this section shall be subject to such provisions as may hereafter be made by law.
Opinions
Sec. 23. The Judges of the respective Circuit Courts of this State, and of the Courts of Baltimore City, shall render their decisions in all cases argued before them or submitted for their judgment, within two months after the same shall have been so argued or submitted.
Salaries
Sec. 24. The salary of each Chief Judge, and of the Judge of the Court of Appeals from the City of Baltimore, shall be three thousand five hundred dollars, and of each Associate Judge of the Circuit Court, shall be two thousand eight hundred dollars per annum payable quarterly, and shall not be diminished during his continuance in office.1
Clerks
Sec. 25. There shall be a Clerk of the Circuit Court for each County, who shall be elected by a plurality of the qualified voters of said County, and shall hold his office for six years from the time of his election, and until his successor is elected and qualified, and be re-eligible, subject to be removed for willful neglect of duty or other misdemeanor in office, on conviction in a Court of Law. In case of a vacancy in the office of Clerk of a Circuit Court, the Judges of said Court shall have power to fill such vacancy until the general election for Delegates to the General Assembly, to be held next thereafter, when a successor shall be elected for the term of six years.
Deputy Clerks
Sec. 26. The said Clerks shall appoint, subject to the confirmation of the Judges of their respective Courts, as many deputies under them as the said Judges shall deem necessary to perform, together with themselves, the duties of the said office, who shall be removable by the said judges for incompetency, or neglect of duty, and whose compensation shall be according to existing or future provisions of the General Assembly.
1 By the Act of 1892, ch. 388, the salary of the Chief Judges was increased to four thousand five hundred dollars, and of the Associate Judges to three thousand six hundred dollars per annum.
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Part IV. - Courts of Baltimore City
Courts
Sec. 27. There shall be in the Eighth Judicial Circuit six Courts, to be styled the Supreme Bench of Baltimore City, the Superior Court of Baltimore City, the Court of Common Pleas, the Baltimore City Court, the Circuit Court of Baltimore City 1 and the Criminal Court 2 of Baltimore.
Jurisdiction
Sec. 28. The Superior Court of Baltimore City, the Court of Common Pleas, and the Baltimore City Court 3 shall each have concurrent jurisdiction in all civil common law cases, and concurrently all the jurisdiction which the Superior Court of Baltimore City and the Court of Common Pleas now have, except jurisdiction in Equity, and except in applications for the benefit of the Insolvent Laws of Maryland, and in cases of Appeal from judgments of Jus- tices of the Peace in said city, whether civil or criminal, or arising under the ordinances of the Mayor and City Council of Baltimore, of all of which appeal cases the Baltimore City Court shall have exclusive jurisdiction ; and the said Court of Common Pleas shall have exclusive jurisdiction in all applications for the benefit of the Insolvent Laws of Maryland, and the supervision and control of the Trustees thereof.
Jurisdiction of Circuit Court
Sec. 29. The Circuit Court of Baltimore City shall have exclusive jurisdic- tion in Equity within the limits of said city, and all such jurisdiction as the present Circuit Court of Baltimore City has ; provided, the said Court shall not have jurisdiction in applications for the writ of habeas corpus in cases of persons charged with criminal offenses.
Jurisdiction of Criminal Court
Sec. 30. The Criminal Court of Baltimore shall have and exercise all the jurisdiction now held and exercised by the Criminal Court of Baltimore, except in such Appeal Cases as are herein assigned to the Baltimore City Court.
1 Circuit Court No. 2 established by Act of 1888, ch. 194.
2 Criminal Court No. 2 established by rule of the Supreme Bench, December 21, 1897. See 87 Md. 191.
3 The jurisdiction of the Baltimore City Court, the Superior Court and the Court of Common Pleas was enlarged by the Act of 1870, ch. 177.
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Supreme Bench of Baltimore City - Term - Salary
Sec. 31. There shall be elected by the legal and qualified voters of said city, at the election, hereinbefore provided for, one Chief Judge and four As- sociate Judges, who, together, shall constitute the Supreme Bench of Balti- more City, and shall hold their offices for the term of fifteen years, subject to the provisions of this Constitution with regard to the election and qualifica- tions of Judges and their removal from office, and shall exercise the jurisdic- tion, hereinafter specified, and shall each receive an annual salary of three thousand five hundred dollars,1 payable quarterly, which shall not be dimin- ished during their term of office; but authority is hereby given to the Mayor and City Council of Baltimore to pay to each of the said Judges an annual addition of five hundred dollars to their respective salaries ; provided, that the same being once granted shall not be diminished nor increased during the continuance of said Judges in office.
Assignment of Judges
Sec. 32. It shall be the duty of the said Supreme Bench of Baltimore City, as soon as the Judges thereof shall be elected and duly qualified, and from time to time, to provide for the holding of each of the aforesaid Courts, by the assignment of one or more of their number to each of the said Courts, who may sit either separately or together in the trial of cases; and the said Su- preme Bench of Baltimore City may, from time to time, change the said assign- ment, as circumstances may require, and the public interest may demand ; and the Judge or Judges, so assigned to the said several Courts, shall, when holding the same, have all the powers and exercise all the jurisdiction which may belong to the Court so being held; and it shall also be the duty of the said Supreme Bench of Baltimore City, in case of the sickness, absence, or disability of any Judge or Judges assigned as aforesaid, to provide for the hearing of the cases, or transaction of the business assigned to said Judge or Judges, as aforesaid, before some one or more of the Judges of said Court.
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