CONSTITUTION OF MARYLAND

ARTICLE XVIII243

PROVISIONS OF LIMITED DURATION.

SEC. 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 As each expires, it shall stand repealed, and no further action shall be required to remove it from the Constitution.

SEC. 2.244 (a) For the purpose of implementing the amendments, proposed by Chapter 523 of the Acts of 1980 (H.B. 1729) (OLR3623) or (S.B. 784) (OLR0746), concerning the creation of a consolidated Circuit Court of Baltimore City, this section temporarily is a part of Article IV - Judiciary Department, secs. 5, 25, and 26 of the Constitution. This section shall expire (in accordance with Article XIV, sec. 1A of the Constitution), when, under the provisions of subsection (b) of this section, all of the judges of the Supreme Bench of Baltimore City who are serving on December 31, 1982 have completed their then existing terms, or have otherwise vacated their offices without completing those terms.

(b) Each judge of the Supreme Bench of Baltimore City, who is in office on December 31, 1982, shall continue in office as a judge of the Circuit Court for Baltimore City, for the remainder of the term to which he was appointed or elected, subject to the provisions of Article IV, sections 3, 4, 4A, 4B, and 5 of the Constitution.

(c) Each clerk and each deputy clerk of a court of the Supreme Bench of Baltimore City who is in office on December 31, 1982 shall become a deputy clerk of the Circuit Court for Baltimore City with no diminution of salary and as such shall occupy a position in the personnel merit system for the office of the clerk of the Circuit Court for Baltimore City. These persons shall serve subject to the provisions of Article IV, section 26 of the Constitution. Each person who otherwise has been employed in the office of a clerk of a court of the Supreme Bench of Baltimore City in a position authorized prior to June 30, 1982, shall become an employee of the office of the clerk of the Circuit Court for Baltimore City and occupy a position in the personnel merit system for that office, with no diminution in salary, subject to the provisions of Article IV, section 26 of the Constitution.

(d) At the primary and general elections occurring in 1982 in Baltimore City, there shall be nominated and elected one clerk who shall be designated as clerk of the Circuit Court for Baltimore City as created under the amendments proposed in section 2 of said Chapter 523, Acts of 1980. A clerk of one of the courts of the Supreme Bench of Baltimore City is eligible to run in this election.

(e) The amendments to Article IV and this Article XVIII of the Constitution (proposed by the above referenced Chapter 523 of the Acts of 1980) if approved by the voters at the general election in Nov., 1980, shall take effect on January 1, 1983.

SEC. 3245 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.

SEC. 4246 (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 XVI, 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 F. 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.


243 Added by Chapter 680, Acts of 1977, ratified Nov. 7, 1978.
244 Added by Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
245 Added by Chapter 707, Acts of 1986, ratified Nov. 4, 1986.
246 Added by Chapter 103, Acts of 1994, ratified Nov. 8, 1994.


Maryland Manual On-Line

 Maryland Manual On-Line, 1998

July 10, 1998   
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