Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1942-09-25
CHAPTER 494


AN ACT to amend Section II of Article
1, title "Judiciary Department.. sub
title Part III-Ci.cuit Courts of
the Constitution of this State, prOvid-
ing for the residential qualification
and method of selection of Associate
Judges in 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 /. Be it enacted by the Cen
eral Assembly of Maryland, That three
tifths of all members elected to each
of the two houses cOncurring) the fol
lowing section be and the same is
hereby proposed as an amendment to
Section p of Article 4, of the Constitu-
ton of Maryland, title Judiciary De-
partment'', subtitle Part III-Circuit
Courts, the same, if adopted by the
legal and qualified voters thereof as
herein provided to become Section p of
Article of the Constitution of the
State of Maryland.
81. For each of the said circuits, eX
cepting 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 as 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 as herein pro
vlded. And no two of said associate
judges, for any of the said circuits,
except the third, sixth and seventh cir
cults shall, at the time of their election
or appointment or during the terms for
which they may have been elected or
appointed, reside in the same county
If two or more persons shall be candi-
dates for associate judge in the same
county in any of the circuits, except the
third, sixth and seventh circuits, that
one only in said county shall be de-
Rla rnn oil Hn hng In OH
Der 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 an equal
number of votes greater than any other
candidates for associate judge in the
circuit, it shall be the duty of the Gov
ernor to order new election for one
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 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,
they may alter or fix the times for
holding any or all terms, until other
wise prescribed, and shall adopt rules
to the end that all business not requir-
ing the interposition of the jury shall
be, as far as practicable, disposed of at
such intermediate 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 bust
ness Of the several counties renders
such terms necessary.
In the Third Circuit, two of said As
sociate Judges shall at all times be
bona fide residents Of Baltimore County
and one of said Associate Judges or the
Chief Judge be a bona fide resident of
Hartford County, and said Judges shall
have been such residents six months
prior to their appointment or election.
The additional associate judge for the
second circuit herein provided for shall
be resident of Cecil County, shall be
appointed by the Governor after the ex-
piration of six 90 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 this amendment, at
which election his successor shall be
elected by the qualified voters of Caro-