MARYLAND CONSTITUTION
ARTICLE IV
JUDICIARY DEPARTMENT
Art. IV §1 | JUDICIAL POWER OF THE STATE
Art. IV §1A | CONTINUATION OF EXISTING COURTS
Art. IV §2 | QUALIFICATIONS FOR JUDGES
Art. IV §3 | ELECTION AND TERM OF JUDGES
Art. IV §3A | TEMPORARY ASSIGNMENT OF RETIRED JUDGES
(2)
(ii) a retired judge of the Circuit Court for Harford County that sits as the Orphans' Court for Harford County may be assigned by the Chief Justice of the Supreme Court of Maryland, upon approval of a majority of the Supreme Court of Maryland, to do an act that a judge of the Orphans' Court for Harford County is authorized to perform (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
Art. IV §4 | REMOVAL OF JUDGES FROM OFFICE
Art. IV §4A | COMMISSION ON JUDICIAL DISABILITIES
(b) The members of the Commission shall be citizens and residents of this State.
(c)
(2) Three members shall be appointed from among those persons who are admitted to practice law in the State, who have been so engaged for at least seven years, and who are not judges of any court.
(3) Five members shall represent the public, who may not be active or retired judges, who are not admitted to practice law in this State, and who may not have a financial relationship with or receive compensation from a judge or a person admitted to practice law in this State.
(4) The composition of the Commission should reflect the race, gender, and geographic diversity of the population of the State.
(e) A member's membership automatically terminates:
(2) When any member appointed from among those admitted to practice law becomes a judge;
(3) When any member representing the public becomes a judge or is admitted to the practice of law in this State or has a financial relationship with or receives compensation from a judge or a person admitted to practice law in this State; or
(4) When any member ceases to be a resident of the State.
(g) A member of the Commission may not receive any compensation for the member's services as such but shall be allowed any expenses necessarily incurred in the performance of the member's duties as such a member (amended by Chapter 773, Acts of 1965, ratified Nov. 8, 1966; Chapter 789, Acts of 1969, ratified Nov. 3, 1970; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 523, Acts of 1980, ratified Nov. 4, 1980; Chapter 113, Acts of 1995, ratified Nov. 5, 1996).
Art. IV §4B | POWERS AND PROCEDURES OF THE JUDICIAL DISABILITIES COMMISSION
(ii) conduct hearings concerning such complaints, administer oaths and affirmations, issue process to compel the attendance of witnesses and the production of evidence, and require persons to testify and produce evidence by granting them immunity from prosecution or from penalty or forfeiture.
(3) All proceedings, testimony, and evidence before the Commission shall be confidential and privileged, except as provided by rule of the Supreme Court of Maryland; the record and any proceeding filed with the Supreme Court of Maryland shall lose its confidential character, except as ordered by the Supreme Court of Maryland.
(4) No justice or judge shall participate as a member of the Commission in any proceedings involving that judge's own conduct, and the Governor shall appoint another judge as a substitute member of the Commission for those proceedings.
(5) The Supreme Court of Maryland shall prescribe by rule the means to implement and enforce the powers of the Commission and the practice and procedure before the Commission.
(2) A justice or judge removed under this section, and the judge's surviving spouse, shall have the rights and privileges accruing from the judge's judicial service only to the extent prescribed by the order of removal (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(3) A justice or judge retired under this section shall have the rights and privileges prescribed by law for other retired judges (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(4) No justice or judge of the Supreme Court of Maryland shall sit in judgment in any hearing involving that judge's own conduct (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
Art. IV §5 | APPOINTMENT AND ELECTION OF CIRCUIT COURT JUDGES
Art. IV §5A | FILLING VACANCIES IN APPELLATE COURTS
(b) Upon the occurrence of a vacancy the Governor shall appoint, by and with the advice and consent of the Senate, a person duly qualified to fill said office who shall hold the same until the election for continuance in office as provided in subsections (c) and (d).
(c) The continuance in office of a justice of the Supreme Court of Maryland is subject to approval or rejection by the registered voters of the appellate judicial circuit from which he was appointed at the next general election following the expiration of one year from the date of the occurrence of the vacancy which he was appointed to fill, and at the general election next occurring every ten years thereafter.
(d) The continuance in office of a judge of the Appellate Court of Maryland is subject to approval or rejection by the registered voters of the geographical area prescribed by law at the next general election following the expiration of one year from the date of the occurrence of the vacancy which the Judge was appointed to fill, and at the general election next occurring every ten years thereafter.
(e) The approval or rejection by the registered voters of a justice or judge as provided for in subsections (c) and (d) shall be a vote for the justice's or judge's retention in office for a term of ten years or his removal. The judge's name shall be on the appropriate ballot, without opposition, and the voters shall vote yes or no for the justice's or judge's retention in office. If the voters reject the retention in office of a justice or judge, or if the vote is tied, the office becomes vacant ten days after certification of the election returns.
(f) An appellate court justice or judge shall retire when he attains his seventieth birthday.
(g) A member of the General Assembly who is otherwise qualified for appointment to judicial office is not disqualified by reason of the member's membership in a General Assembly which proposed or enacted any constitutional amendment or statute affecting the method of selection, continuance in office, or retirement or removal of a justice or judge, the creation or abolition of a court, an increase or decrease in the number of justices or judges of any court, or an increase or decrease in the salary, pension or other allowances of any justice or judge (added by Chapter 551, Acts of 1975, ratified Nov. 2, 1976; amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
Art. IV §6 | CONSERVATORS OF THE PEACE
Art. IV §7 | DISQUALIFICATIONS FOR JUDGES
Art. IV §8 | DETERMINATION WITHOUT JURY AND TRANSFER OF CASES
(b) In all cases of presentments or indictments for offenses that are punishable by death, on suggestion in writing under oath of either of the parties to the proceedings that the party cannot have a fair and impartial trial in the court in which the proceedings may be pending, the court shall order and direct the record of proceedings in the presentment or indictment to be transmitted to some other court having jurisdiction in such case for trial.
(c) In all other cases of presentment or indictment, and in all suits or actions at law or issues from the Orphans' Court pending in any of the courts of law in this State which have jurisdiction over the cause or case, in addition to the suggestion in writing of either of the parties to the cause or case that the party cannot have a fair and impartial trial in the court in which the cause or case may be pending, it shall be necessary for the party making the suggestion to make it satisfactorily appear to the court that the suggestion is true, or that there is reasonable ground for the same; and thereupon the court shall order and direct the record of the proceedings in the cause or case to be transmitted to some other court, having jurisdiction in the cause or case, for trial. The right of removal also shall exist on suggestion in a cause or case in which all the judges of the court may be disqualified under the provisions of this Constitution to sit. The court to which the record of proceedings in such suit or action, issue, presentment or indictment is transmitted, shall hear and determine that cause or case in the same manner as if it had been originally instituted in that court. The General Assembly shall modify the existing law as may be necessary to regulate and give force to this provision (amended by Chapter 364, Acts of 1874, ratified Nov. 2, 1875; Chapter 524, Acts of 1980, ratified Nov. 4, 1980).
Art. IV §9 | APPOINTMENT AND OVERSIGHT OF COURT OFFICERS
Art. IV §10 | DUTIES AND OVERSIGHT OF CLERKS OF COURTS
(2) The office and business of the Clerks, in all their departments, shall be subject to and governed in accordance with rules adopted by the Supreme Court of Maryland pursuant to Section 18 of this article (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
Art. IV §11 | CERTIFICATION AND RETURNS OF ELECTIONS
Art. IV §12 | CONTESTED ELECTIONS FOR JUDICIAL OFFICES
Art. IV §13 | PUBLIC COMMISSIONS AND GRANTS
Art. IV §13A | VACANT PROVISION
Art. IV §14 | COMPOSITION AND JURISDICTION OF THE SUPREME COURT OF MARYLAND
Art. IV §14A | CREATION AND AUTHORITY OF INTERMEDIATE COURTS OF APPEAL
Art. IV §14B | ELIGIBILITY FOR JUDGESHIPS IN NEWLY CREATED COURTS
Art. IV §15 | JUSTICE PARTICIPATION AND FINALITY OF DECISIONS
Art. IV §16 | PUBLICATION OF JUDICIAL DECISIONS
Art. IV §17 | APPOINTMENT AND DUTIES OF THE SUPREME COURT CLERK
Art. IV §18 | RULES, PROCEDURES, AND ADMINISTRATIVE AUTHORITY OF THE COURTS
(b)
(2) Subject to paragraphs (3) and (4) of this subsection, the Chief Justice of the Supreme Court of Maryland may, in case of a vacancy, or of the illness, disqualification or other absence of a justice or judge or for the purpose of relieving an accumulation of business in any court assign any justice or judge except a judge of the Orphans' Court to sit temporarily in any court except an Orphans' Court (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(3) a retired judge of the Circuit Court for Montgomery County that sits as the Orphans' Court for Montgomery County may be assigned by the Chief Justice of the Supreme Court of Maryland, upon approval of a majority of the Supreme Court of Maryland, to do an act that a judge of the Orphans' Court for Montgomery County is authorized to perform (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(4) a retired judge of the Circuit Court for Harford County that sits as the Orphans' Court for Harford County may be assigned by the Chief Justice of the Supreme Court of Maryland, upon approval of a majority of the Supreme Court of Maryland, to do an act that a judge of the Orphans' Court for Harford County is authorized to perform (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(5) Any justice or judge assigned by the Chief Justice of the Supreme Court of Maryland pursuant to this section has all the power and authority pertaining to a justice or judge of the court to which the justice or judge is so assigned; and the justice's or judge's power and authority shall continue with respect to all cases (including any motion, or other matters incidental thereto) which may come before the judge by virtue of such assignment until the justice's or judge's action thereon shall be completed. In the absence of the Chief Justice of the Supreme Court of Maryland, the provisions of this section shall be applicable to the senior justice present in the Supreme Court of Maryland. The powers of the Chief Justice set forth in this section shall be subject to any rule or regulation adopted by the Supreme Court of Maryland (amended by Chapter 772, Acts of 1943, ratified Nov. 7, 1944; Chapter 10, Acts of 1966, ratified Nov. 8, 1966; Chapter 789, Acts of 1969, ratified Nov. 3, 1970; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 523, Acts of 1980, ratified Nov. 4, 1980; Chapter 323, Acts of 1998, ratified Nov. 3, 1998; Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
Art. IV §18A | VACANT PROVISION
Art. IV §18B | TENURE AND SELECTION OF APPELLATE COURT JUDGES
(b) Each judge of an appellate court who is in office for an elected term on the effective date of these amendments, unless he dies, resigns, retires, or is otherwise lawfully removed, shall continue in office until the general election next after the end of his elected term, or until his seventieth birthday, whichever first occurs. His continuance in office is then subject to the provisions of section 5A (c) and (d) of this article, applicable to judges of that court, but in no event shall any judge continue in office after his seventieth birthday.
(c) Each judge of a court specified in subsection (b) who is in office on the effective date of these amendments, but who has not been elected to that office by the voters, shall, within fifteen days after the effective date of these amendments, be reappointed to that office. His continuance in office is then subject to the provisions of section 5A (c) and (d) of this article, applicable to judges of that court, but in no event shall any judge continue in office after his seventieth birthday (added by Chapter 551, Acts of 1975, ratified Nov. 2, 1976).
Art. IV §19 | DIVISION OF THE STATE INTO JUDICIAL CIRCUITS
Art. IV §20 | CIRCUIT COURTS AND THEIR JURISDICTION
(b) The judges of the Circuit Courts for Howard, Montgomery and Harford counties shall each, alternately and in rotation and on schedules to be established by those judges, sit as an Orphans' Court for their County, and shall have and exercise all the power, authority and jurisdiction which the present Orphans' Courts now have and exercise, or which may hereafter be provided by law (amended by Chapter 744, Acts of 1963, ratified Nov. 3, 1964; Chapter 374, Acts of 1972, ratified Nov. 7, 1972; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 523, Acts of 1980, ratified Nov. 4, 1980; Chapter 539, Acts of 2022, ratified Nov. 8, 2022).
Art. IV §21 | NUMBER, RESIDENCE, AND CLASSIFICATION OF CIRCUIT JUDGES
(b) There shall be at least four circuit court judges resident in each circuit, and at least one circuit court judge shall be resident in each county. There shall be at least two such judges resident in Anne Arundel County, at least three resident in Baltimore County, at least four resident in Prince George's County, and at least five resident in Montgomery County.
(c) The senior judge in length of service in each circuit shall be the chief judge of the circuit. The other judges shall be associate judges.
(d) Except as otherwise provided by law, one judge shall constitute a quorum for the transaction of any business.
(e) The terms of the circuit courts shall be determined by law.
(f) A person is not ineligible for appointment or election as a judge because he was a member of the General Assembly at a time when the number or salary of judges were increased or decreased (amended by Chapter 515, Acts of 1912, ratified Nov. 4, 1913; Chapter 426, Acts of 1935, ratified Nov. 3, 1936; Chapter 494, Acts of 1937, ratified Nov. 8, 1938; Chapter 200, Acts of 1939, ratified Nov. 5, 1940; Chapter 494, Acts of 1941, ratified Nov. 3, 1942; Chapter 772, Acts of 1943, ratified Nov. 7, 1944; Chapter 607, Acts of 1953, ratified Nov. 2, 1954; Chapters 65 and 68, Acts of 1954, ratified Nov. 2, 1954; Chapters 642 and 761, Acts of 1959, ratified Nov. 8, 1960; Chapter 372, Acts of 1966, ratified Nov. 8, 1966; Chapter 542, Acts of 1976, ratified Nov. 2, 1976).
Art. IV §21A | RATIFICATION OF AMENDMENTS RELATING TO JUDGES
Art. IV §22 | CIRCUIT COURT DECISIONS AND APPEALS IN BANC
Art. IV §23 | TIMELY RENDERING OF JUDICIAL DECISIONS
Art. IV §24 | PROTECTION AGAINST REDUCTION OF JUDICIAL SALARIES
Art. IV §25 | ELECTION AND DUTIES OF CLERKS OF CIRCUIT COURTS
Art. IV §26 | APPOINTMENT AND REMOVAL PROCEDURES FOR DEPUTY CLERKS
Art. IV §27 | VACANT
Art. IV §28 | VACANT
Art. IV §29 | VACANT
Art. IV §30 | VACANT
Art. IV §31 | VACANT
Art. IV §31A | VACANT
Art. IV §32 | VACANT
Art. IV §33 | VACANT
Art. IV §34 | VACANT
Art. IV §35 | VACANT
Art. IV §36 | VACANT
Art. IV §37 | VACANT
Art. IV §38 | VACANT
Art. IV §39 | VACANT
Art. IV §40 | ELECTION AND POWERS OF ORPHANS' COURT JUDGES
(b) The qualified voters of the City of Baltimore shall elect three Judges of the Orphans' Court for Baltimore City who shall be citizens of the State and residents, for the twelve months preceding, in Baltimore City and who have been admitted to practice law in this State and are members in good standing of the Maryland Bar.
(c) The qualified voters of Prince George's County shall elect three Judges of the Orphans' Court for Prince George's County who shall be citizens of the State and residents, for the twelve months preceding, in Prince George's County and who have been admitted to practice law in this State and are members in good standing of the Maryland Bar (added by Chapter 394, Acts of 2011, ratified Nov. 6, 2012).
(d) The qualified voters of Baltimore County shall elect three Judges of the Orphans' Court for Baltimore County who shall be citizens of the State and residents, for the twelve months preceding, in Baltimore County and who have been admitted to practice law in this State and are members in good standing of the Maryland Bar (added by Chapter 146, Acts of 2012, ratified Nov. 6, 2012).
(e) The Judges shall have all the powers now vested in the Orphans' Courts of the State, subject to such changes as the Legislature may prescribe.
(f) Each of the Judges shall be paid such compensation as may be regulated by Law, to be paid by the City or Counties, respectively.
(g) In case of a vacancy in the office of Judge of the Orphans' Court, the Governor shall appoint, subject to confirmation or rejection by the Senate, some suitable person to fill the vacancy for the residue of the term (amended by Chapters 99 and 124, Acts of 1956, ratified Nov. 6, 1956; Chapter 744, Acts of 1963, ratified Nov. 3, 1964; Chapter 374, Acts of 1972, ratified Nov. 7, 1972; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 481, Acts of 2010, ratified Nov. 2, 2010).
Art. IV §41 | REGISTER OF WILLS: ELECTION AND DUTIES
Art. IV §41A | JURISDICTION AND FUNCTION OF THE DISTRICT COURT
Art. IV §41B | COMPOSITION AND ALLOCATION OF DISTRICT COURT JUDGES
Art. IV §41C | QUALIFICATIONS AND RESIDENCY OF DISTRICT COURT JUDGES
Art. IV §41D | APPOINTMENT AND TERMS OF DISTRICT COURT JUDGES
Art. IV §41E | ADMINISTRATIVE ROLE OF THE CHIEF JUDGE OF THE DISTRICT COURT
Art. IV §41F | APPOINTMENT OF CLERKS AND OFFICERS OF THE DISTRICT COURT
Art. IV §41G | POWERS AND FUNCTIONS OF DISTRICT COURT COMMISSIONERS
(2) Commissioners in a district shall be appointed by and serve at the pleasure of the Administrative Judge of the district, subject to the approval of the Chief Judge of the District Court.
(2) issuance of civil interim peace orders and civil interim protective orders within the jurisdiction of the District Court when the Office of the Clerk of the District Court is not open (added by Chapter 789, Acts of 1969, ratified Nov. 3, 1970; amended by Chapter 587, Acts of 2002, ratified Nov. 5, 2002).
Art. IV §41H | PROTECTION AGAINST REDUCTION OF JUDICIAL SALARIES
Art. IV §41I | TRANSITIONAL PROVISIONS FOR ESTABLISHING THE DISTRICT COURT
(b) Each full-time clerk of a justice of the peace designated as trial magistrate of a People's Court, of the Municipal Court of Baltimore City, and the chief constable of the People's Court of Baltimore City who is in office on the day before the first Monday in July, 1970, shall become a deputy clerk of the District Court on the first Monday in July 1970. The taking effect of the aforegoing amendments shall not of itself affect the tenure, term, status, retirement, or compensation of any person then holding public office, position, or employment in this State, except as provided in the amendments.
(c) All statutory references to justices of the peace designated as trial magistrates, to People's Courts, to the Municipal Court of Baltimore City or to the Housing Court of Baltimore County, shall be deemed to refer to the District Court in the appropriate district, county or Baltimore City, to the extent not inconsistent with this Constitution.
(d) No member of the General Assembly at which these amendments were proposed, or at which the number of or salary of any such judges may have been increased or decreased by the General Assembly from time to time, if otherwise qualified, is ineligible for appointment or election as a judge of the District Court by reason of his membership in the General Assembly (added by Chapter 789, Acts of 1969, ratified Nov. 3, 1970; amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
Art. IV §42 | VACANT SECTION
Art. IV §43 | VACANT SECTION
Art. IV §44 | ELECTION AND RESPONSIBILITIES OF COUNTY SHERIFFS
In case of vacancy by death, resignation, refusal to serve, or neglect to qualify or give bond, or by disqualification or removal from the County or City, the Governor shall appoint a person to be Sheriff for the remainder of the official term.
The Sheriff in each county and in Baltimore City shall receive such salary or compensation and such expenses necessary to the conduct of his office as may be fixed by law. All fees collected by the Sheriff shall be accounted for and paid to the Treasury of the several counties and of Baltimore City, respectively (amended by Chapter 845, Acts of 1914, ratified Nov. 3, 1914; Chapter 786, Acts of 1945, ratified Nov. 5, 1946; Chapter 55, Acts of 1953, ratified Nov. 2, 1954; Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
Art. IV §45 | APPOINTMENT AND POWERS OF NOTARIES PUBLIC
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