Montgomery County sentinel., 1944-08-31


mcnts shall be made from among :he
elected Judges composing the Court of
Appeals as of December 81, 1914. If. on
December II. 1944, there are no elected
members of the Court of Appeals from
any Appellate Judicial Giro nit, the Gov
/ ernOr shall designate the member of the
Court Of Appeals from thFt Appellate
Judicial Circuit from among the ap-
pointed members Of the Court of APP
peals from that Appellate Judicial Cir
cult. II any Judge so appointed shall
be member of the Court of Appeals as
of December 81, 1914, by virtue of hav-
ing been elected to that Office, his ap-
pointment shall be for the balance of
the term for which he had Heretofore
been elected. The Judges SO appointed
from the First, Second and Third APP
pellate Judicial Circuits shall cease to
be Chief Judges of their respective Cir
cults. Any elected Judges from Cir
cults, except the Eighth Circuit, in
Office on December 81. 1914, other than
the three designated by the Governor
as Judges of the Court of Appeals, shall
be additional Judges of the Court Of
Appeals and shall continue to be Chief
Judges of their respective Circuits and
shall hold office for the residue Of the
successor to any such additional Judge
shall be appointed or elected as Judge
of the Court of Appeals or Except as
provided in Section 21 Of this Article)
as Judge of his Circuit. but any such
additional Judge shall be. eligible to
Court Of Appeals from his respective
Appellate Judicial Circuit. Any va.
cancy in any Appellate judicial Circuit
shall be filed by designation by the
Judges from such Appellate judicial
Circuit, II any. to hold Office for the
residue of the term for which he was
originally elected. Upon his appoint.
ment or designation as a member of
the Court of Appeals from his Appellate
Judicial Circuit, such additional Judge
shall cease to be the Chief Judge of his
Circuit. The Judges of the Court of
Appeals shall be elected by the quail
fed voters of their respective Appellate
Judicial Circuits, their terms to begin
on the date Of their 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
prescribed by law. 1t shall hold its
sessions in the City of Annapolis on the
second Monday In January In the year
1O45, and thereafter at such time or
times as 1t shall from time to time by
rule prescribe. Its session or sessions
shall continue not less than ten months
in each year, II the business before It
shall SO require, and 1t shall be compe-
tent for the judges temporarily to
transfer their sittings elsewhere upon
Judge Of the Court of Appeals shall be
that now or hereafter prescribed by the
General Assembly and shall not be d.
minished during his continuance in
Office. When the number of judges
shall have become reduced to fve three
Of the judges shall constitute a quorum,
and the concurrence of a majority of q
quorum shall be sufficient for the de-
cision Of any cause.
Sec 1SA The Chief Judge Of the
Court of Appeals shall be the admin
istrative head Of the judicial system of
the State. He shall from time to time
require, from each Of the judges of the
Circuit Courts for the several counties
and Of the Supreme Bench of Baltimore
City, reports as to the judicial work and
business of each Of the judges and their
respective courts. He may, In case of q
vacancy or of illness, disqualification or
other absence Of one or more judges of
the Court of Appeals, designate any
judge of any Of the Circuit Courts for
the counties or of the Supreme Bench
Of Baltimore City to sit in any case or
for specified period as Judge Of the
Court Of Appeals In lieu of a judge Of
that court, and may designate, to sit as
judge of the Circuit Court for any
county or of any Court or Courts Of
Baltimore City, either alone or with
or for q specified period, any judge of
the Court Of Appeals or Of any other
Circuit Court or OF the Supreme Bench
of Baltimore City. In the absence of
the Chief Judge Of the Court Of Appeals
the provisions of this Section shall be
applicable to the senior judge present.
The powers of the Chief Judge under
the aforegOing provisions of this Sec
tion shall be subject to such rules and
regulations, If any, as the Court of APP
peals may make. The Court of Appeals
from time to time shall make rules and
regulations to regulate and revise the
practice and procedure in that Court
and in the other courts of this State,
which shall have the force of law until
rescinded, changed or modified by the
Court Of Appeals or otherwise by law
The power Of the courts other than the
Court of Appeals to make rules of prac-
tice and procedure shall be subject to
the rules and regulations prescribed by
the Court Of Appeals or otherwise by
law.
PART III-CIRCUIT COURTS
Sec. 21. From and after January I,
1915, there shall be at least three judges
for the first, second, third, fourth, fifth,
sixth, and seventh circuits, to be styled
elected or appointed as herein provided.
In any of said circuits in which there
shall be more than three judges Tin
clnding the additional judge Of the
Court Of Appeals), no successor to the
additional Judge Of the Court of Appeals
of said circuit. In any of said circuits
In which there shall be only three
judges Qncluding an additional judge
OF the Court of AppealsD, successor
to the additional judge Of the Court Of
Appeals shall be appointed and elected
as judge of said circuit. The afore-
said number of judges for any of the
circuits shall be subject to increase or
decrease by law as provided In Section
Of this Article The senior Judge in
length Of service shall be the chief
Judge OF the circuit (unless there is an
additional Judge Of the Court of APP
peals); the other judge or judges shall
be associate judges. No two of said
judges of the Circuit Court shall at the
time OF their election or appointment,
or during the term for which they may
have been elected or appointed, reside
In any one county other than Baltimore,
Montgomery, Prince Georges or Allie
gany County, and not more than two
in any county except (if there Is an ad-
ditional Judge of the Court of Appeals)
Baltimore County. In case any candi-
date or candidates for judge at any
election shall receive sufficient votes to
cause such candidate or candidates to
be declared elected, but the election Of
such candidate or candidates would
cause more judges than herein permit
ted to reside In any county Of the cir
cult, then and in that event there shall
be declared elected only that candidate
or those candidates residing in said
county, In the order Of the votes re-
ceived, whose election would provide the
permitted number OF judges from said
county, and also the candidate or can
dldates residing In some other county,
and not similarly disqualified, who shall
have the next highest number OF votes
In said election. II, by reason Of such
a condition or by reason Of an equal
vote for two or more candidates a suff.
cient number Of judges duly quail fed
as to residence shall not be elected al
any election, then It shall be the duty
of the G0uarnAr N nrdnr q elect i'm