Maryland Court of Appeals

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The seven judges of the Maryland Court of Appeals in their crimson robes.

The Maryland Court of Appeals is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis. The term of the Court begins the second Monday of September.

1 Functions
2 Jurists
- 2.1 Appointment and qualifications
- 2.2 Current judges
3 History
4 See also
5 External links

[edit] Functions

As Maryland's highest court, the Court of Appeals reviews cases of both major and minor importance. Throughout the year, the Court of Appeals holds hearings on the adoption or amendment of rules of practice and procedure. It also supervises the Attorney Grievance Commission and State Board of Law Examiners in attorney disciplinary and admission matters. The Chief Judge of the Court of Appeals, designated by the Governor, is the constitutional administrative head of the Maryland judicial system.

Cases typically come before the Court of Appeals on a writ of certiorari from the Court of Special Appeals. The court can decline the writ, and refuse to hear the case, or it can grant the "cert," and hear the appeal. The judges sometimes decide to hear an appeal before the lower appellate court has heard the case.

While it is generally an Appellate court and hears most cases on appeal, the Court of Appeals has exclusive jurisdiction over certain matters, such as legislative redistricting, removal of certain officers, and certification of questions of law. Additionally, it has exclusive jurisdiction in death penalty appeals.

The court does not sit in panels; all seven judges sit on each case unless there is a disqualification, in which event a judge from another court, or a retired appellate judge, may be specially assigned to sit in the place of the disqualified judge. In practice, almost all cases are heard by seven judges, though a quorum for the court is five judges.

[edit] Jurists

[edit] Appointment and qualifications

The seven judges of the Court of Appeals are appointed by the Governor of Maryland with Senate consent. They serve ten-year terms.

The Judges of the court are required to be citizens of and qualified voters in Maryland. Prior to their appointment, they must have resided in Maryland for at least five years, and for at least six months in the appellate judicial circuit from which they are appointed. They must be at least thirty years of age at the time of appointment, and must have been admitted to practice law in Maryland. Appointees should be "most distinguished for integrity, wisdom and sound legal knowledge."

After initial appointment by the Governor and confirmation by the Senate, members of the court, at the first general election occurring at least one year after their appointment, run for continuance in office on their records without opposition. If the voters reject the retention in office of a judge, or the vote is tied, the office becomes vacant. Otherwise, the incumbent judge is retained in office for a ten-year term. This requirement of voter approval is similar to provisions in the Missouri Plan, a non-partisan method for selecting judges which is used by 11 states.

There is one judge from each of the state's seven Appellate Judicial Circuits and each judge is required to be a resident of his or her respective circuit. The circuits are currently as follows:

1st Appellate Judicial Circuit: Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico & Worcester counties
2nd Appellate Judicial Circuit: Baltimore County & Harford County
3rd Appellate Judicial Circuit: Allegany, Carroll, Frederick, Garrett, Howard & Washington counties
4th Appellate Judicial Circuit: Prince George's County
5th Appellate Judicial Circuit: Anne Arundel, Calvert, Charles & St. Mary's counties
6th Appellate Judicial Circuit: Baltimore City
7th Appellate Judicial Circuit: Montgomery County

[edit] Current judges

See also: List of Judges of the Maryland Court of Appeals

The Honorable Robert M. Bell, Chief Judge.

Unlike most other states, the jurists on the Maryland Court of Appeals are called judges, not justices. Also unlike most other American federal, state, and local courts, the judges on the Court of Appeals wear red robes and neck bands, reminiscent of British court dress. Judges at all other levels of the Maryland judiciary wear the more customary black robes.

In order of decreasing seniority, the current judges on the court are:

Chief Judge Robert M. Bell, 6th Appellate Circuit
Judge Irma S. Raker, 7th Appellate Circuit
Judge Alan M. Wilner, 2nd Appellate Circuit
Judge Dale R. Cathell, 1st Appellate Circuit
Judge Glenn T. Harrell, Jr., 4th Appellate Circuit
Judge Lynne A. Battaglia, 3rd Appellate Circuit
Judge Clayton Greene, Jr., 5th Appellate Circuit

[edit] History

As the highest tribunal in Maryland, the Court of Appeals was created by Article 56 of the Maryland Constitution of 1776. The Court was to be "composed of persons of integrity and sound judgment in the law, whose judgment shall be final and conclusive in all cases of appeal, from the general court, court of chancery, and court of admiralty . . ." With counsel,advice and consent, the Governor appointed all of the judges. Five judges were commissioned in 1778, but that number was reduced to three in 1801. The Court was restructured in 1806 by dividing the State into six judicial districts with a chief judge and two associate judges for each district appointed by the Governor and Council. Together, these six chief judges constituted the Court of Appeals which began to sit on the Eastern Shore at Easton as well as on the Western Shore at the State capital.

The Maryland Constitution of 1851 divided the State into four judicial districts. Voters of each district elected a judge to the Court of Appeals for a ten-year term. The Court became responsible solely for appellate duties and sat only at Annapolis, whereas before it sat in various locations throughout the State. Five judges, each elected from one of five judicial districts, were prescribed by the Maryland Constitution of 1864.

The Maryland Constitution of 1867 (currently in effect) returned to the older form of requiring Court of Appeals judges to assume trial court and appellate duties. In seven judicial circuits, the Governor, with Senate advice and consent, designated a chief judge. In the eighth judicial circuit (Baltimore City), the voters elected the chief judge. These eight chief judges then constituted the Court of Appeals.

Judicial reorganization in 1943 provided for a five-member Court of Appeals elected for terms of fifteen years. The five judges included two from Baltimore City and one each from three appellate judicial circuits. In 1960, the number of judges was increased to the present-day seven. Until 1994, there was one from each of the first five Appellate Judicial Circuits and two from the Sixth Appellate Judicial Circuit (Baltimore City), but a Constitutional amendment realigned the circuits to create seven circuits with one judge from each. Since 1975, the Court of Appeals has heard cases almost exclusively by way of certiorari. As a result, the Court's formerly excessive workload has been reduced to a more manageable level, thus allowing the Court to devote more time to the most important and far-reaching issues.

[edit] See also

[edit] External links

Homepage for the Court of Appeals
Information from the Maryland Archives
Maryland Constitution, Article IV: Judiciary Department
http://aomol.net/megafile/msa/speccol/sc2900/sc2908/html/courts.html Judicial Records from The Archives of Maryland

Branches of the State Government of Maryland
Executive:	Governor (List of Governors) \| Lt. Governor \| Comptroller \| Treasurer \| Attorney General \| Secretary of State
Legislative:	General Assembly: Senate (List of Senators, President of the Senate), House of Delegates (List of Delegates)
Judicial:	Court of Appeals (List of Judges) \| Court of Special Appeals