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Maryland’s court system, unlike most states, does
not have a court dubbed “supreme.” Rather, Maryland’s court cases run
through circuit and district courts, with appeals heard in two
different venues, the Court of Appeals, which is the highest court in
the state, or, in certain cases, the Court of Special Appeals.
Maryland's Court of Appeals
Maryland’s
Court of Appeals was created by the state’s Constitution of 1776.
It is the highest tribunal in the state, and has resided in Annapolis
since 1851.
The court is composed of
seven judges, including Chief Judge
Robert M. Bell. Until 1994, there was one judge from each of the
first five Appellate Judicial Circuits and two from the Sixth
Appellate Judicial Circuit, which is Baltimore city. But a
constitutional amendment realigned the system to create seven circuits
each with one representative judge on the Court of Appeals. Judges are
initially appointed by the governor and confirmed by the senate. They
run in elections to retain office, unopposed. Should voters reject a
judge on election day, the office is vacated and filled by a new
appointment.
Since 1975, the Court of Appeals has heard cases
almost exclusively by way of certiorari, a discretionary review
process allowing the court to decide which cases it will hear and
rejecting other cases on appeal. That helps the court reduce its
caseload and devote more time to the cases the judges do agree to
review.
Extensive online resources exist for those taking
cases to, or observing, Maryland’s Court of Appeals. The court’s
schedule is accessible, and oral arguments can be heard via
Webcast. Both the
reported opinions and
unreported opinions of the court also are accessible.
Maryland's Court of Special Appeals
Maryland’s intermediate appellate court is the
Court of Special Appeals. It was created in 1966 in response to
the burgeoning caseload of the Court of Appeals. Special appeals court
judges originally could hear only criminal cases, but its jurisdiction
has been expanded to include any reviewable judgment, degree, order or
other action of the circuit and orphans’ courts, unless otherwise
stipulated by law.
Judges sitting on the Court of Special Appeals
generally hear and decide cases in panels of three. In some cases,
however,
all 13 judges might listen to arguments for a case in what is
called an “en banc” hearing.
The present chief judge is
Joseph F. Murphy Jr.
Online resources for the Court of Special Appeals
include the court’s
schedule,
fee schedule, detailed
reported opinions and a
list of unreported opinions.
Maryland's Circuit Court
Maryland’s
Circuit Court system handles most of the state’s more serious
criminal offenses, major civil cases, juvenile cases and other family
law matters such as divorce, custody and child support. These courts
also hear most cases appealed from the District Court level, the
Orphans’ Court, and certain administrative agencies.
Circuit courts are located in
all 23 counties and in Baltimore city. Each circuit has its own
administrative judge. There also is an
administrative judge in each county. The state maintains a
list of all current circuit court judges online.
The circuit courts are the trial courts of
general jurisdiction. Unlike the lower District Court, which operates
as a unified system, the circuit courts historically have had greater
autonomy and are funded by the county or city.
Online resources include
court locations and contact information, links to
necessary forms, a
fee schedule, information for
jurors, information and aid for
families in court, and a
court records search.
Maryland's District Courts
In most cases, if a Marylander finds himself in
court, it will be in
District Court. These are the most prevalent courts in the state,
with
34 locations in 12 districts statewide.
Each court has at least one
judge presiding over each county and the city of Baltimore. There
are no juries; all cases are heard and decided by a judge.
District Court hears both civil and criminal
cases involving claims up to $25,000, and has exclusive jurisdiction
over peace order cases, landlord/tenant disputes, “replevin” (recovery
of goods claimed to be wrongfully taken or detained) and other civil
cases involving less than $5,000. The district courts also handle
motor vehicle and boating violations and other misdemeanors and
limited felonies, although the circuit courts share jurisdiction if
the penalties authorized are three years or more in prison, a fine of
$2,500 or more, or both.
Both trial courts – district and circuit – can
hear domestic violence cases.
Online resources for District Court include
brochures on various court topics,
court fees and costs, and an
index to court forms.
Maryland's Orphans’ Court
The
Maryland Orphans’ Court handles wills, estates and other probate
matters. They also have jurisdiction, along with the circuit courts,
to appoint guardians of the persons and protect the estates of minors
who have not been emancipated; in other words, children who are still
subject to parental authority.
An appeal from an Orphans’ Court generally may be
to
Circuit Court, where the matter is tried do novo, or “as
new,” before a judge or a jury. Appeals can also be directed, however,
to the
Court of Special Appeals, where the matter is heard “as is,” or,
based on the record that is already established.
The Orphans’ Court Web site includes a list of
judges serving in the court, and it also links to the state of
Maryland Register of Wills. |