§ 41-I
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§41–I.
For the purpose of implementing the amendments to Articles IV, XV and XVII of this Constitution, establishing the District Court, the following provisions shall govern.
(a)The provisions of Section 41D of this Article shall govern initial vacancies in the office of judge of the District Court. Each full-time judge of the People’s Court of Baltimore City, the Municipal Court of Baltimore City, and of the People’s Courts of Anne Arundel, Montgomery, Prince George’s, Wicomico Counties and Baltimore County who is in office on the effective date of these amendments shall continue in office as a judge of the District Court in his district and county of residence (or in Baltimore City) for the remainder of the term for which he was elected or appointed, and if his term expires prior to January 1, 1971, such judge shall be re-appointed by the Governor, if the Senate consents, in accordance with the provisions of Section 41D of this Article, subject to the Provisions of the Constitution respecting age, removal and retirement; provided that the term of any such judge of a People’s Court who would be ineligible for appointment as a judge of the District Court under this Article shall expire on the effective date of these amendments. Thereafter, retention of any judge who is retained in office pursuant to the preceding provisions of this subsection shall be pursuant to Section 41D of this Article. No People’s Court judge, judge of the Housing Court of Baltimore County, or Justice of the Peace shall be appointed or elected or exercise any power or jurisdiction.
(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.