Article VI.
Judiciary Department

Section 99. Judges of city courts; qualifications, term of office and residence; holding court in other circuits

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Selection and qualification of judges

The justices of the Supreme Court shall be chosen by the vote of a majority of the members elected to each house of the General Assembly for terms of twelve years. The judges of all other courts of record shall be chosen by the vote of a majority of the members elected to each house of the General Assembly for terms of eight years. During any vacancy which may exist while the General Assembly is not in session, the Governor may appoint a successor to serve until thirty days after the commencement of the next session of the General Assembly. Upon election by the General Assembly, a new justice or judge shall begin service of a full term.
All justices of the Supreme Court and all judges of other courts of record shall be residents of the Commonwealth and shall, at least five years prior to their appointment or election, have been admitted to the bar of the Commonwealth. Each judge of a trial court of record shall during his term of office reside within the jurisdiction of one of the courts to which he was appointed or elected; provided, however, that where the boundary of such jurisdiction is changed by annexation or otherwise, no judge thereof shall thereby become disqualified from office or ineligible for reelection if, except for such annexation or change, he would otherwise be qualified.

This item is based on 4 items:

1902 — Article VI. Section 91

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1902 — Article VI. Section 96

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1902 — Article VI. Section 99

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1902 — Article VI. Section 102

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Judges of city courts; qualifications, term of office and residence; holding court in other circuits

For each city court of record a judge shall be chosen for a term of eight years by a joint vote of the two houses of the General Assembly. He shall, when chosen, possess the same qualifications as judges of the Supreme Court of Appeals, and during his continuance in office, shall reside within the jurisdiction of the court over which he presides; but the judge of the corporation court of any corporation having a city charter, and less than ten thousand inhabitants, may reside outside of the city limits; and such judge may be judge of such corporation court and judge of the corporation court of some other city having less than ten thousand inhabitants. The judges of city courts may be required or authorized to hold the circuit or city courts of any county or city.

For each city court of record a judge shall be chosen by the joint vote of the two houses of the General Assembly. He shall, when chosen, possess the same qualifications as judges of the Supreme Court of Appeals, and during his continuance in office shall reside within the jurisdiction of the court over which he presides; but the judge of the corporation court of any corporation having a city charter, and less than five thousand inhabitants, may reside outside its corporate limits; and the same person may be judge of such corporation court and judge of the corporation court of some other city having less than ten thousand inhabitants. At the first election of said judges under this Constitution, the General Assembly shall elect, as nearly as practicable, one-fourth of the entire number for terms of two years, one-fourth for four years, one-fourth for six years, and the remaining fourth for eight years; and thereafter they shall be elected for terms of eight years. The judges of city courts in cities of the first class may be required or authorized to hold the circuit courts of any county and the circuit courts of any city.

All the judges shall be commissioned by the Governor, and shall receive such salaries and allowances as may be determined by law, the amount of which shall not be diminished during their term of office. Their terms of office shall commence on the first day of January next following their appointment; and they shall discharge the duties of their respective offices from their first appointment and qualification under this Constitution until their terms begin.

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1902 — Article VI. Section 99

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1902 — Article VI. Section 102

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Judges shall be commissioned by the governor, and shall receive fixed and adequate salaries, which shall not be diminished during their continuance in office. The salary of a judge of the supreme court of appeals shall not be less than three thousand dollars, and that of a judge of a circuit court not less than two thousand dollars per annum, except that of the judge of the fifth circuit, which shall not be less than fifteen hundred dollars per annum, and each shall receive a reasonable allowance for necessary travel.

Judges shall be commissioned by the governor, and shall receive fixed and adequate salaries, which shall not be diminished during their continuance in office. The salary of a judge of the supreme court of appeals shall not be less than three thousand dollars, and that of a judge of a circuit court not less than two thousand dollars per annum, except that of the judge of the fifth circuit, which shall not be less than fifteen hundred dollars per annum; and each shall receive a reasonable allowance for necessary travel.

The Judges of the Supreme court of appeals, and of the Superior courts, shall receive fixed and adequate salaries, which shall not be diminished during their continuance in office.

The Attorney-General shall be appointed by joint vote of the two Houses of the General Assembly, and commissioned by the Governor, and shall hold his office during the pleasure of the General Assembly. The Clerks of the several courts, when vacancies shall occur, shall be appointed by their respective courts, and the tenure of office, as well of those now in office as of those who may be hereafter appointed, shall be prescribed by law. The Sheriffs and coroners shall be nominated by the respective county courts, and when approved by the Governor, shall be commissioned by him. The justices shall appoint constables. And all fees of the aforesaid officers shall be regulated by law.

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1851 — Article VI. Section 18

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1851 — Article VI. Section 19

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1851 — Article VI. Section 20

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1851 — Article VI. Section 22

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1851 — Article VI. Section 30

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The two Houses of Assembly shall, by joint Ballot, appoint judges of the Supreme Court of Appeals, and General Court, Judges in Chancery, Judges of Admiralty, Secretary, and the Attorney-General, to be commissioned by the Governour, and continue in Office during good behaviour. In case of death, incapacity, or resignation, the Governour, with the advice of the Privy Council, shall appoint Persons to succeed in Office, to be approved or displaced by both Houses. These Officers shall have fixed and adequate Salaries, and, together with all others holding lucrative Offices, and all Ministers of the Gospel, of every Denomination, be incapable of being elected Members of either House of Assembly or the Privy Council.

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1830 — Article V. Section 1

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1830 — Article V. Section 4

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1830 — Article V. Section 5

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1830 — Article V. Section 8

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Redlined Comparison between 1851 and 1928 Amendment (includes interim changes)

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