The Republican., 1942-09-03
CHAPTER 49i

CHAPTER 494
AN ACT to amend Section 81 of Article A.
title Judiciary Department. subtitle
Part Ill-Circuit Courts, of the Consti-
ton of this State providing for the resi-
Dental qualification and method of selection
of Associate Judges of the Third Judicial
Circuit and to provide for the submission
of said amendment to the qualified voters
of this State for adoption or rejection
Section J. Be it enacted by the General
Assembly of Maryland That lthree-ifths of
all members elected to each of the two houses
concurring) the following section be and the
same is hereby proposed as an amendment
to Section 2l of Article a. of the Constitu-
ton of Maryland, title Judiciary Depart
ment", subtitle Part | III Circuit Courts
the same, if adopted by the legal and quail
| fed voters thereof as herein provided to be-
come Section q of Article 4 of the Constitu-
ton of the State of Maryland
Il. For each of the said circuits except
ing the eighth, the second the third, the
sixth and the seventh there shall be a chief
judge and two associate judges, to be styled
judges Of the Circuit Court to be selected
or appointed herein provided and for the
second circuit, the third circuit, the sixth
! circuit and the seventh circuit, there shall be
a chief judge and three associate Judges to
be styled judges Of the Circuit Court, to be
elected or appointed herein provided And
no two of said associate judges, for any of
/ the said circuits, except the third, sixth and
seventh circuits shall. at the time of their
election or appointment during the terms
for which they have been elected or appointed
reside in the same county. If two or more per-
sons shall be candidates for associate judge
in the same county in any of the circuits, ex-
cept the third, 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 candidates for
associate judge in any of the circuits, except
the third sixth and seventh circuits residing
in the same county shall have equal num-
ber of votes greater than any other candi-
dates for associate judge in the circuit it
shall be the duty of the Governor to order
a new election for associate Judge; but
the person residing in any other county of
the circuit and who has the 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 COM
posing 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 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 requr-
ing the interpositon of the jury shall be- as
far as practicable, disposed of at such inter
mediate terms. One judge in each of the
above circuits, including the second, the third
sixth and seventh 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.
In the Third Circuit, two of said Associate
Judges shall 1T all times be bona fide resi-
dents of Baltimore County and one of said As
sociate Judges the Chief Judge be bona
iide resident of Harford County, and said
months prior to their appointment or cleo
ton.
The additional associate judge for the sec
ond circuit herein provided for shall be res
ident of Cecil County, shall be appointed by
the Governor after the expiration of six 90
months after the adoption of this amendment
and shall serve until the first general elsc-
ton for members of the General Assembly
that 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 Caroline, Cecil, Kent,
Queen Anne's and Talbot Counties constitut-
ing the second circuit. The judge so appointed
shall be subject to the constitutional
provisions, receive the same compensation
and have the same powers as are herein pro-
vded for the other associate judges in the
second circuit, and the judge so elected shall
be subject to the same constitutional provision,
hold his Office for the same term of years. re-
celve the same compensation, and have the
same powers herein provided for the
other associate judges in the second circuit.
The additional judge for the sixth circuit
herein provided for and elected by the quail
fed voters of Frederick and Montgomery
Counties at the 1898 election in accordance
with the terms of the Constitutional Amend
ment heretofore submitted and adopted shall
be subject to the same constitutional provis-
ions. receive the compensation and have
the same powers herein provided for
the other associate judges in the sixth circuit
and his successor shall be appointed and /or
elected 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 County one
of the associate judges shall be a resident of
said county and the two remaining associate
judges shall be residents of Montgomery Coun-
ty and when the Chief Judge is elected from
Montgomery County one of the associate