Maryland Court of Special Appeals
Encyclopedia
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. Murphy
Courts of Appeal Building in the state capital, Annapolis.
The Maryland Court of Special Appeals originally could hear only criminal cases. However, its jurisdiction has expanded so that it now considers any reviewable judgment, decree, order, or other action of the circuit and orphans’ courts, unless otherwise provided by law. Judges sitting on the Court of Special Appeals generally hear and decide cases in panels of three. In some instances, however, all 13 judges may listen to a case, known as an en banc
hearing.
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 are six at large judges and one judge from each of the state's seven Appellate Judicial Circuits; the latter are required to be a resident of his or her respective circuit. The circuits are currently as follows:
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...
for 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 of Special Appeals was created in 1966 in response to the rapidly growing caseload in the Maryland Court of Appeals
Maryland Court of Appeals
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...
. Like the state's highest court, the tribunal 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.
The Maryland Court of Special Appeals originally could hear only criminal cases. However, its jurisdiction has expanded so that it now considers any reviewable judgment, decree, order, or other action of the circuit and orphans’ courts, unless otherwise provided by law. Judges sitting on the Court of Special Appeals generally hear and decide cases in panels of three. In some instances, however, all 13 judges may listen to a case, known as an en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
hearing.
Appointment and qualifications
The thirteen judges of the Court of Special 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.
There are six at large judges and one judge from each of the state's seven Appellate Judicial Circuits; the latter are required to be a resident of his or her respective circuit. The circuits are currently as follows:
- 1st Appellate Judicial Circuit: CarolineCaroline County, MarylandCaroline 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...
, CecilCecil County, MarylandCecil 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...
, DorchesterDorchester County, MarylandDorchester 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...
, KentKent County, MarylandKent 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'sQueen Anne's County, MarylandQueen 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...
, SomersetSomerset 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:...
, TalbotTalbot 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:...
, WicomicoWicomico County, MarylandAs 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...
& WorcesterWorcester 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 - 2nd Appellate Judicial Circuit: Baltimore CountyBaltimore County, MarylandBaltimore 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 CountyHarford County, MarylandHarford 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:... - 3rd Appellate Judicial Circuit: AlleganyAllegany County, MarylandAllegany 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...
, CarrollCarroll County, MarylandCarroll 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....
, FrederickFrederick County, MarylandFrederick 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....
, GarrettGarrett County, MarylandGarrett 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...
, HowardHoward 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:...
& WashingtonWashington County, MarylandWashington 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 - 4th Appellate Judicial Circuit: Prince George's CountyPrince George's County, MarylandPrince 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....
- 5th Appellate Judicial Circuit: Anne ArundelAnne Arundel County, MarylandAnne 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...
, CalvertCalvert County, MarylandCalvert 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...
, CharlesCharles County, MarylandCharles 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 - 6th Appellate Judicial Circuit: Baltimore City
- 7th Appellate Judicial Circuit: Montgomery CountyMontgomery County, MarylandMontgomery 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
In order of decreasing seniority, the current judges on the court are:- Judge James R. Eyler, 2nd Appellate Circuit
- Judge Deborah S. Eyler, At Large
- Chief Judge Peter B. KrauserPeter B. KrauserPeter B. Krauser is the Chief Judge on the Court of Special Appeals for the state of Maryland. Prior to his appointment to the court, he was the chair of the Maryland Democratic Party.- Early life and education :...
, At Large - Judge Timothy E. Meredith, 5th Appellate Circuit
- Judge Patrick L. Woodward, 7th Appellate Circuit
- Judge Alexander Wright, Jr., At Large
- Judge Robert A. ZarnochRobert A. ZarnochRobert A. Zarnoch is an American lawyer and jurist. Since February 2008 he has been a judge of the Maryland Court of Special Appeals, Maryland's Intermediate Appellate Court.-Background:...
, At Large - Judge Albert J. Matricciani, Jr., At Large
- Judge Kathryn Grill Graeff, 3rd Appellate Circuit
- Judge Christopher B. Kehoe, 1st Appellate Circuit
- Judge Michelle D. Hotten, 4th Appellate Circuit
- Judge Shirley M. Watts, 6th Appellate Circuit
- VACANCY, At Large