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IN RE FOSTER

[Misc. (Judicial Disabilities) No. 1, September Term, 1973.]

271 Md. 449 (1974)

318 A.2d 523

IN RE: FORMAL INQUIRY CONCERNING JUDGE DULANY FOSTER

Court of Appeals of Maryland.

Decided April 29, 1974.

Attorney(s) appearing for the Case

Norman P. Ramsey for Judge Foster.

Laurence M. Katz and Richard C. Murray for the Commission on Judicial Disabilities.

The cause was argued on January 14, 1974, before BARNES, SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ., and CHARLES E. ORTH, JR., Chief Judge of the Court of Special Appeals, specially assigned, and reargued on March 26, 1974, before SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ., and CHARLES E. ORTH, JR., and JAMES C. MORTON, JR., specially assigned.

SINGLEY, J., delivered the opinion of the Court. SMITH and DIGGES, JJ., dissent and SMITH, J., filed a dissenting opinion in which DIGGES, J., concurs at page 478 infra.

This is the second occasion on which we are called upon to review a report and recommendation of the Commission on Judicial Disabilities (the Commission). The circumstances which led to the adoption of the two constitutional amendments, which first...

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