Constitution of Maryland

ADOPTED BY THE CONVENTION

Which Assembled at the City of Annapolis on the Eighth Day of May, Eighteen Hundred and Sixty-seven, and Adjourned on the Seventeenth Day of August, Eighteen Hundred and Sixty-seven, and was Ratified by the People on the Eighteenth Day of September, Eighteen Hundred and Sixty-seven [with Amendments through Two Thousand and Eighteen (including amendments proposed by the General Assembly and ratified by the voters November 6, 2018)].

Part V – Orphans’ Court

SEC. 40. (a) The qualified voters of the several Counties, except Montgomery County and Harford County, shall elect three Judges of the Orphans’ Courts of Counties who shall be citizens of the State and residents, for the twelve months preceding, in the County for which they may be elected.

(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).

SEC. 41. There shall be a Register of Wills in each county of the State, and the City of Baltimore, to be elected by the legal and qualified voters of said counties and city, respectively, who shall hold his office for four years from the time of his election and until his successor is elected and qualified; he shall be re-eligible, and subject at all times to removal for willful neglect of duty, or misdemeanor in office in the same manner that the Clerks of the Courts are removable. In the event of any vacancy in the office of the Register of Wills, said vacancy shall be filled by the Judges of the Orphans’ Court, in which such vacancy occurs, until the next general election for Delegates to the General Assembly when a Register shall be elected to serve for four years thereafter (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956). 366, Acts of 1972, ratified Nov. 7, 1972. Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).