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Difference between revisions of "Article XVIII, Maryland Constitution"

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Latest revision as of 10:31, 5 February 2014

Maryland Constitution
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Articles

Declaration of RightsIIIIIIIVVVIVIIVIIIIXXXIXI-AXI-BXI-CXI-DXI-EXI-FXI-GXI-HXI-IXIIXIIIXIVXVXVIXVIIXVIIIXIX

Article XVIII of the Maryland Constitution is entitled Provisions of Limited Duration and consists of five sections.

(added by Chapter 680, Acts of 1977, ratified Nov. 7, 1978)

Section 1

Text of Section 1:

Any provision of limited duration adopted pursuant to Article XIV is set forth below. As each expires, it shall stand repealed, and no further action shall be required to remove it from the Constitution.

Section 2

Text of Section 2:

Vacant (originally added by Chapter 523, Acts of 1980, ratified Nov. 4, 1980).

Section 3

Text of Section 3:

Of the methods of election of county commissioners authorized by Section 1 of Article VII, and of members of county councils authorized by Section 3A(a) of Article XI-A, of this Act, that method in effect in each county immediately preceding the effective date of this Act shall remain in effect unless changed on or after that date pursuant to this Constitution

(added by Chapter 707, Acts of 1986, ratified Nov. 4, 1986).

Section 4

Text of Section 4:

(a) For the purpose of implementing the amendment proposed by House Bill 635 of 1994 concerning the boundaries of the appellate judicial circuits from which members of the Court of Appeals are appointed, this section temporarily is part of Article IV - Judiciary Department, Section 14 of the Constitution. This section shall expire, in accordance with Article XIV, Section 1A of the Constitution, when under the provisions of subsections (b), (c), (d), and (e) of this section, all of the judges of the Court of Appeals on January 12, 1994, or their successors appointed before the effective date of House Bill 635 of 1994 have vacated their offices.

(b) Except as provided in subsection (d) of this section, the provisions of House Bill 635 of 1994 may not be construed to limit or otherwise affect the terms or appointments of the judges of the Court of Appeals who are in office on the effective date of House Bill 635 of 1994.

(c) The judges of the Court of Appeals in office on January 12, 1994, or their successors, shall be deemed to be serving appointments as follows:

(1) Judge Robert L. Karwacki of Queen Anne's County and currently representing the First Appellate Judicial Circuit, shall continue on the Court as an appointee from the new First Appellate Judicial Circuit;

(2) Judge Robert C. Murphy of Baltimore County and currently representing the Second Appellate Judicial Circuit, shall continue on the Court as an appointee from the Second Appellate Judicial Circuit;

(3) Judge John C. Eldridge of Anne Arundel County and currently representing the Fifth Appellate Judicial Circuit, shall continue on the Court as an appointee from the new Fifth Appellate Judicial Circuit;

(4) Judge Howard S. Chasanow of Prince George's County and currently representing the Fourth Appellate Judicial Circuit, shall continue on the Court as an appointee from the new Fourth Appellate Judicial Circuit;

(5) Judge Irma S. Raker of Montgomery County and currently representing the Third Appellate Judicial Circuit, shall continue on the Court as an appointee from the new Seventh Appellate Judicial Circuit;

(6) Judge Robert M. Bell of Baltimore City and currently representing the Sixth Appellate Judicial Circuit, shall continue on the Court as an appointee from the Sixth Appellate Judicial Circuit; and

(7) Judge Lawrence F. Rodowsky of Baltimore City and currently representing the Sixth Judicial Circuit, shall continue on the Court as an appointee from the new Third Appellate Judicial Circuit.

(d) An appointment to fill a vacancy on the Court of Appeals, following the adoption of the amendment proposed by House Bill 635 of 1994 by the voters of this State in accordance with the provisions of Article XIV of the Constitution of the State, shall be made in accordance with the provisions of Article IV, Section 14 of the Constitution of the State.

(e) Each judge of the Court of Appeals in office on January 12, 1994, or the judge's successor, shall be eligible to continue to serve on the Court:

(1) In accordance with the provisions of subsection (c) of this Section; and

(2) Upon election from the new circuits established under Article IV, Section 14 of the Constitution of the State following the adoption of the amendment proposed by House Bill 635 of 1994 by the voters of this State in accordance with the provisions of Article XIV of the Constitution of the State, except that Judge Lawrence F. Rodowsky of Baltimore City, if otherwise eligible to continue to serve on the Court but for his lack of residence in the new Third Appellate Judicial Circuit, shall be eligible to continue to serve on the Court upon election statewide (added by Chapter 103, Acts of 1994, ratified Nov. 8, 1994).

Section 5

Text of Section 5:

(a) For the purpose of implementing the amendments proposed by House Bill 916 of 1995 concerning the membership of the Commission on Judicial Disabilities, this section temporarily is part of Article IV - Judiciary Department, Section 4A of the Constitution. This section shall expire, in accordance with Article XIV, Section 1A of the Constitution, when the terms of the members initially appointed to fill the five new memberships added to the Commission under House Bill 916 of 1995 have expired in accordance with subsection (b) of this section.

(b) (1) The initial terms of the four members of the public added to the Commission under House Bill 916 of 1995 shall expire as follows:

(i) Two members in 1999, and each of those members may be appointed to two full terms; and (ii) Two members in 2000, and each of those members may be appointed to one full term.

(2) The initial term of the member of the Bar added to the Commission under House Bill 916 of 1995 shall expire in 1998.

(c) For the purpose of implementing the elimination of one of the four judicial memberships, the following provisions apply:

(1) If a vacancy exists in a judicial membership at the time the Governor issues the proclamation under Article XIV, Section 1 of the Constitution, declaring the amendments proposed by House Bill 916 of 1995 to have been adopted, a successor may not be appointed and that membership shall be terminated.

(2) If no vacancy exists in a judicial membership at the time the Governor issues the proclamation under Article XIV, Section 1 of the Constitution, declaring the amendments proposed by House Bil 916 of 1995 to have been adopted, the four judges serving on the Commission may continue to serve. When the first vacancy in a judicial membership occurs, a successor may not be appointed and that membership shall be terminated.

(3) If no vacancy in a judicial membership occurs before January 1, 1999, one of the two judges whose terms expire on January 1, 1999 may not be reappointed and the membership held by that judge shall be terminated (added by Chapter 113, Acts of 1995, ratified Nov. 5, 1996).

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