The midland journal. (Rising Sun, Md.) 1885-1947, 1940-09-27

title Judiciary OeVEUtWcnL, Subtitle
"Part III-Circuit Courts" Of the Con-
stitution Of this State, and to provide
for the submission Of said amendment
to the qualified voters Of this State for
adoption or rejection.
Section 1. Be 1t enacted by the General
Assembly of Maryland, That three-fif
of all the members elected to each of the
two Houses concurrins, that the following
section be and the same is hereby pro-
Article 4. title judiciary Department.
subtitle "Part III-Circuit Courts" Of
the Constitution Of this State, and If adopt
ed by the legal and qualified voters thereof
stand In the place and stead OF Section q
of said Article 4.
81. For each Of the said circuits, ex-
cepting the eighth, the second, the third
(and) the sixth and seventh, there shall
to be styled judges Of the Circuit Court,
to be selected or appointed as herein pro-
vided, and for the second circuit, the third
circuit, landl. the sixth circuit, and the
and three associate judges to be styled
judges Of the Circuit Court, to be elected
or appointed as herein provided. And no
the said Circuits, except the third and sixth
and seventh circuits 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 in any. of the circuits, except the
third and sixth and seventh circuits, that
one only in said county shall be declared
elected who has the highest number Of
votes In the circuit. In case any two can
didates for associate Judge in, any Of the
seventh circuits, residing In the same
county shall have an equal number Of votes
greater than any other candidates for asso-
ciate judge In the circuit, it shall be the
0IItV of the Governor f0 order n nlpc-
ton for one associate Judge; but the per-
son residing in any other county of the
circuit and who has the highest number Of
judges shall hold not less than two terms
of the Circuit Court In each of the cOun-
ties composing their respective circuits,
be prescribed to which jurors shall be sum
m0ned; and in those counties where only
two such terms are held, two other and
intermediate terms, to which jurors shall
the times for holding any or all terms,
until otherwise prescribed, and shall adopt
rules to the end that all business not re-
Be, as far as practicable, disposed Of sHa at
said intermediate terms. One judge in each
of the above circuits, including the second,
the third (andD sixth and seventh circuits,
shall constitute quorum for the trans
action Of any business; and the said judges
or any Of them may hold special terms Of
their courts, whenever in their discretion
the business SR arm Of the several fSunss Gn
associate Judge for the third circuit elected
in accordance with the terms Of the Con-
stitutional Amendment heretofore sub
same constitutional provisions, hold his
Office for the same term Of years, receive
the same compensation and have the same
as Judges IN ths a Circuit enf
The additional associate Judge for the
aoc0nd cirpuit herein nrnvidp0 for shall he
q resident of Cecil County, shall be APP
pointed by the Governor after the expira-
tion Of six l8) months after the adoption
of this amendment and shall serve until the
first general election for members of the
General Assembly that shall be held In
said circuit subsequent to the adoption OF
cessor shall be elected by the qualified
Anne's, and Talbot Counties, constituting
the second circuit. The Judge SO appointed
provisions receive the same compensation
and have the same powers as are herein
provided for the other associate judges In
be e ns
provision, hold his Office for the same term
Of years, receive the same compensation
and have the same powers as are herein
provided for the other associate judges In
the second circuit
The additional Judge for the sixth cir
cult herein provided for and elected by the
qualified voters Of Frederick and Montgom-
ance with the terms Of the Constitutional
Amendment heretofore submitted and
adopted shall be subject to the same con-
stitutional provisions, receive the same
as are herein provided for the other asso-
ciate judges in the sixth circuit and his
successors shall be appointed andIor elect,
ed in accordance with the constitutional
provisions relating to judges. The Chief
Judge may be elected from either Frederick
or Montgomery Counties, but when the
Chief Judge Is elected from Frederick
a resident Of said county and the two re-
naming associate judges shall be residents
of Montgomery County and when the Chief
Judge y elected from Montg g6 county s
dent of said Montgomery County and the
remaining. two associate judges residents
of Frederick County. In case any candi.
any judicial election held in the sixth ju-
dicial circuit shall receive sufficient votes
to cause such candidate or candidates to
s be elected 6a sne eeito eau Sc
more associate judges than herein per-
mitted to reside In any county of said cir
cult, then and in that event only that can
be, residing in said county in the order Of
the votes received shall be declared elected
whose election would provide the permitted
number Of Judges sO% d
as the case may be, residing In the other
county, and not similarly disqualified, who
shall have the next highest number Of votes
in said election shall be declared elected. If,
by reason Of such condition or by reason
OF an equal vote for two or more candi-
dates sufficient number Of associate
judges duly qualified as to residence as
above set out should not be elected at any
election in said sixth judicial circuit, then
It shall be the duty Of the Governor to
order new election for such untitled Office
or offices.
The additional associate Judge for the
seventh circuit herein provided for shall
be appointed by the Governor Immediately
after the adoption Of this amendment and
shall serve until the first general election
shall be held in said circuit subsequent to
the adoption Of this amendment, at which
election his successor shall be elected by
the qualified voters Of Prince Georges,
Charles, Calvert and st. Mary's Counties.
No member OF the General Assembly Of
1885, otherwise qualified, shall be ineligible
for appointment or election as such ass0-
ciate Judge by reason of his membership
In the General Assembly. The Judge SO
appointed shall be subject to the same
constitutional provisions, receive the same
compensation and have the same powers as
are herein provided for the other associate
SO elected and his successors shall be sub
ject to the same constitutional provisions,
hold Office for the same term of years, re-
ceive the same compensation, and have the
same powers as are herein provided for
the other associate judges in the seventh
circuit. No two of the associate judges
for the seventh circuit shall at the time Of