Reed v. McKeldin, 207 Md. 553

Summary

The Maryland Court of Appeals considered whether the Governor had constitutional authority to appoint two additional Associate Judges to the Supreme Bench of Baltimore City before the scheduled 1956 election. The court held that Chapter 269 of the Acts of 1955 created vacancies upon its effective date and that Article 4, Section 5 of the Maryland Constitution authorized the Governor to make the appointments. The decree upholding the statute and dismissing the complaint was affirmed.

Holdings

1. Article 4, section 5 of the Maryland Constitution authorizes the Governor to appoint qualified persons to newly created judicial offices, including the two additional Associate Judge positions created by Chapter 269 of the Acts of 1955, until the election and qualification of successors.

Questions Presented

1. Whether Article 4, section 5 of the Maryland Constitution authorized the Governor to appoint judges to newly created judicial offices on the Supreme Bench of Baltimore City before the first election for those offices.
2. Whether Chapter 269 of the Acts of 1955 was constitutional insofar as it authorized the Governor to make the initial appointments.

Disposition

affirmed