Maryland Court of Appeals
Encyclopedia
The Court of Appeals of Maryland 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.
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.
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. Like all Maryland judges, members of the Court of Appeals must retire by their 70th birthday.
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:
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 with white cross-collars, 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:
. 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.
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
of the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy
Robert C. Murphy
Robert C. Murphy was a lawyer and jurist from Baltimore County, Maryland. He served as Chief Judge of the Maryland Court of Appeals, the state's highest court, from 1972 to October 1996...
Courts of Appeal Building in the state capital, Annapolis
Annapolis, Maryland
Annapolis is the capital of the U.S. state of Maryland, as well as the county seat of Anne Arundel County. It had a population of 38,394 at the 2010 census and is situated on the Chesapeake Bay at the mouth of the Severn River, south of Baltimore and about east of Washington, D.C. Annapolis is...
. The term of the Court begins the second Monday of September.
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
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
from the Court of Special Appeals
Maryland Court of Special Appeals
The Maryland Court of Special Appeals is the intermediate appellate court for the U.S. state of Maryland. The Court of Special Appeals was created in 1966 in response to the rapidly growing caseload in the Maryland Court of Appeals. Like the state's highest court, the tribunal meets in the Robert C...
. 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
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
and hears most cases on appeal, the Court of Appeals has exclusive jurisdiction
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
over certain matters, such as legislative redistricting
Redistricting
Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to...
, 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
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
for the court is five judges.
Appointment and qualifications
The seven judges of the Court of Appeals are appointed by the Governor of MarylandGovernor of Maryland
The Governor of Maryland heads the executive branch of the government of Maryland, and he is the commander-in-chief of the state's National Guard units. The Governor is the highest-ranking official in the state, and he has a broad range of appointive powers in both the State and local governments,...
with Senate
Maryland State Senate
The Maryland Senate, sometimes referred to as the Maryland State Senate, is the upper house of the General Assembly, the state legislature of the U.S. state of Maryland...
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
Missouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...
, a non-partisan method for selecting judges which is used by 11 states. Like all Maryland judges, members of the Court of Appeals must retire by their 70th birthday.
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:
Maryland Court of Appeals Judicial Circuits |
|
|---|---|
| Circuit | Counties |
| 1 | Caroline Caroline County, Maryland Caroline County is a wholly rural county located in the U.S. state of Maryland on its Eastern Shore. It is bordered by Queen Anne's County to the north, Talbot County to the west, Dorchester County to the south, Kent County, Delaware, to the east, and Sussex County, Delaware, to the southeast. As... , Cecil Cecil County, Maryland Cecil County is a county located in the U.S. state of Maryland. It is part of the Delaware Valley. It was named for Cæcilius Calvert, 2nd Baron Baltimore , who was the first Proprietary Governor of the colony of Maryland from 1632 until his death in 1675. The county seat is Elkton. The newspaper... , Dorchester Dorchester County, Maryland Dorchester County is a county located in the U.S. state of Maryland on its Eastern Shore. It is bordered by the Choptank River to the north, Talbot County to the northwest, Caroline County to the northeast, Wicomico County to the southeast, Sussex County, Delaware, to the east, and the Chesapeake... , Kent Kent County, Maryland Kent County is a county located in the U.S. state of Maryland, on its Eastern Shore. It was named for the county of Kent in England. Its county seat is Chestertown. In 2010, the county population was 20,197... , Queen Anne's Queen Anne's County, Maryland Queen Anne's County is a county located on the Eastern Shore of the U.S. state of Maryland.As of 2010, the population was 47,798. Its county seat and most populous municipality is Centreville. The census-designated place of Stevensville is the county's most populous place... , Somerset Somerset County, Maryland -2010:Whereas according to the 2010 U.S. Census Bureau:*53.5% White*42.3% Black*0.3% Native American*0.7% Asian*0.0% Native Hawaiian or Pacific Islander*1.7% Two or more races*1.5% Other races*3.3% Hispanic or Latino -2000:... , Talbot Talbot County, Maryland -2010:Whereas according to the 2010 U.S. Census Bureau:*81.4% White*12.8% Black*0.2% Native American*1.2% Asian*0.1% Native Hawaiian or Pacific Islander*1.6% Two or more races*2.7% Other races*5.5% Hispanic or Latino -2000:... , Wicomico Wicomico County, Maryland As of the census of 2010, there were 98,733 people, 37,220 households, and 24,172 families residing in the county. The population density was 261.7 people per square mile . There were 41,192 housing units at an average density of 109.2 per square mile... & Worcester Worcester County, Maryland -2010:Whereas according to the 2010 U.S. Census Bureau:*82.0% White*13.6% Black*0.3% Native American*1.1% Asian*0.0% Native Hawaiian or Pacific Islander*1.7% Two or more races*1.3% Other races*3.2% Hispanic or Latino -2000:... Counties |
| 2 | Baltimore County Baltimore County, Maryland Baltimore County is a county located in the northern part of the US state of Maryland. In 2010, its population was 805,029. It is part of the Baltimore-Washington Metropolitan Area. Its county seat is Towson. The name of the county was derived from the barony of the Proprietor of the Maryland... & Harford County Harford County, Maryland Harford County is a county in the U.S. state of Maryland. In 2010, its population was 244,826. Its county seat is Bel Air. Harford County forms part of the Baltimore-Washington Metropolitan Area.-History:... |
| 3 | Allegany Allegany County, Maryland Allegany County is a county located in the northwestern part of the US state of Maryland. It is part of the Cumberland, MD-WV Metropolitan Statistical Area. As of 2010, the population was 75,087. Its county seat is Cumberland... , Carroll Carroll County, Maryland Carroll County is a county located in the U.S. state of Maryland. In 2010, its population was 167,134. It was named for Charles Carroll of Carrollton , signer of the American Declaration of Independence. Its county seat is Westminster.... , Frederick Frederick County, Maryland Frederick County is a county located in the western part of the U.S. state of Maryland, bordering the southern border of Pennsylvania and the northeastern border of Virginia. As of the 2010 Census, the population was 233,385.... , Garrett Garrett County, Maryland Garrett County is the westernmost county of the U.S. state of Maryland. Created from Allegany County, Maryland in 1872 it was the last Maryland county to be formed. It was named for John Work Garrett , railroad executive, industrialist, and financier. Garrett served as president of the Baltimore... , Howard Howard County, Maryland -2010:Whereas according to the 2010 U.S. Census Bureau:*62.2% White*17.5% Black*0.3% Native American*14.4% Asian*0.0% Native Hawaiian or Pacific Islander*3.6% Two or more races*2.0% Other races*5.8% Hispanic or Latino -2000:... & Washington Washington County, Maryland Washington County is a county located in the western part of the U.S. state of Maryland, bordering southern Pennsylvania to the north, northern Virginia to the south, and the Eastern Panhandle of West Virginia to the south and west. As of the 2010 Census, its population is 147,430... Counties |
| 4 | Prince George's County Prince George's County, Maryland Prince George's County is a county located in the U.S. state of Maryland, immediately north, east, and south of Washington, DC. As of 2010, it has a population of 863,420 and is the wealthiest African-American majority county in the nation.... |
| 5 | Anne Arundel Anne Arundel County, Maryland Anne Arundel County is a county located in the U.S. state of Maryland. It is named for Anne Arundell , a member of the ancient family of Arundells in Cornwall, England and the wife of Cæcilius Calvert, 2nd Baron Baltimore. Its county seat is Annapolis, which is also the capital of the state... , Calvert Calvert County, Maryland Calvert County is a county located in the U.S. state of Maryland. It occupies the Calvert Peninsula which is bordered on the east by the Chesapeake Bay and on the west by the Patuxent River. Calvert County is part of the Southern Maryland region. Calvert County's residents are among the highest... , Charles Charles County, Maryland Charles County is a county in the south central portion of the U.S. state of Maryland.As of 2010, the population was 146,551. Its county seat is La Plata. This county was named for Charles Calvert , third Baron Baltimore.... & St. Mary's Counties |
| 6 | Baltimore City |
| 7 | Montgomery County Montgomery County, Maryland Montgomery County is a county in the U.S. state of Maryland, situated just to the north of Washington, D.C., and southwest of the city of Baltimore. It is one of the most affluent counties in the United States, and has the highest percentage of residents over 25 years of age who hold post-graduate... |
Current judges
Court dress
Court dress comprises the style of clothes prescribed for courts of law, and formerly for royal courts.- Where court dress is worn :Court dress is worn at hearings in open court in all Senior Courts of England and Wales and in county courts. However, court dress may be dispensed with at the option...
. 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:
Maryland Court of Appeals Judges by Seniority |
|
|---|---|
| Circuit | Name |
| 6 | Chief Judge Robert M. Bell Robert M. Bell Robert Mack Bell is an American lawyer and jurist from Baltimore, Maryland. Since 1991 he has been a judge of the Maryland Court of Appeals, the highest court in Maryland, and its Chief Judge since 1996 and has been a judge at every level in the Maryland Courts system... |
| 4 | Judge Glenn T. Harrell, Jr. Glenn T. Harrell, Jr. Glenn T. Harrell, Jr. is an American lawyer and jurist from Upper Marlboro, Maryland. Since 1999 he has served as a judge in the Maryland Court of Appeals, the highest court in the state.... |
| 3 | Judge Lynne A. Battaglia Lynne A. Battaglia Lynne Ann Battaglia is an American lawyer and jurist from Howard County, Maryland. Battaglia was born in Silver Creek, New York. She earned a J.D. degree from the University of Maryland School of Law in 1974 and was admitted to the bar that same year... |
| 5 | Judge Clayton Greene, Jr. Clayton Greene, Jr. Clayton Greene, Jr. is an American lawyer and jurist from Annapolis, Maryland. Since January 22, 2004 he has been a judge on the Maryland Court of Appeals, the state's supreme court. He was appointed by Governor Robert Ehrlich.... |
| 1 | Judge Sally D. Adkins |
| 7 | Judge Mary Ellen Barbera |
| 2 | Vacant* |
- No appointment has been made to replace Judge Joseph F. Murphy, Jr. who retired on September 30, 2011.
History
As the highest tribunal in Maryland, the Court of Appeals was created by Article 56 of the Maryland Constitution of 1776Maryland Constitution of 1776
The Maryland Constitution of 1778 was the first of four constitutions under which the U.S. state of Maryland has been governed. It was that state's basic law from its adoption in 1776 until the Maryland Constitution of 1851 took effect on July 4th of that year.-Background and drafting:The eighth...
. 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
Delmarva Peninsula
The Delmarva Peninsula is a large peninsula on the East Coast of the United States, occupied by most of Delaware and portions of Maryland and Virginia...
at Easton
Easton, Maryland
Easton, founded 1710, is a town within the Easton District of Talbot County, Maryland, United States. The population was 11,708 at the 2000 census, and 14,677 according to current July 2008 census estimates. It is the county seat of Talbot County. The primary ZIP Code is 21601, and the...
as well as on the Western Shore at the State capital.
The Maryland Constitution of 1851
Maryland Constitution of 1851
The Maryland Constitution of 1851 was the second constitution of the U.S. state of Maryland following the revolution, replacing the Constitution of 1776. The primary reason for the new constitution was a need to re-apportion Maryland's legislature, the Maryland General Assembly...
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
Maryland Constitution of 1864
The Maryland Constitution of 1864 was the third of the four constitutions which have governed the U.S. state of Maryland. A controversial product of the Civil War and in effect only until 1867, when the state's present constitution was adopted, the 1864 document was short-lived.-Drafting:The 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
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
. 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.
See also
- Courts of MarylandCourts of MarylandCourts of Maryland include:State courts of Maryland*Maryland Court of Appeals**Maryland Court of Special Appeals***Maryland Circuit Courts ****Maryland District CourtsFederal courts located in Maryland...
- Government of MarylandGovernment of MarylandThe government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by...
- Maryland Court of Special AppealsMaryland Court of Special AppealsThe Maryland Court of Special Appeals is the intermediate appellate court for the U.S. state of Maryland. The Court of Special Appeals was created in 1966 in response to the rapidly growing caseload in the Maryland Court of Appeals. Like the state's highest court, the tribunal meets in the Robert C...