Supreme Court of Maryland

Supreme Court of Maryland
Seal of the Supreme Court of Maryland
Established	1776 (1776)
Location	Annapolis, Maryland, U.S.
Composition method	Appointment by the Governor of Maryland with the advice and consent of the Maryland Senate
Authorized by	Maryland Constitution
Appeals to	Supreme Court of the United States
Judge term length	10 years (mandatory retirement at the age of 70)
Number of positions	7
Website	Official website
Chief Judge
Currently	Matthew J. Fader
Since	April 15, 2022
Lead position ends	July 23, 2049

The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. Its previous name, the Maryland Court of Appeals was officially changed on December 14, 2022, after a voter-approved change to the state constitution. 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. The Court is unique among American courts in that the judges wear red robes. The Maryland Court of Appeals joins the New York Court of Appeals in being the only two state highest courts to bear the name "Court of Appeals" rather than "Supreme Court", though the Texas Court of Criminal Appeals is that state's highest criminal court that bears the name "Court of Appeals".

In the 2022 general election held on November 8, 2022, voters approved a constitutional amendment to change the name of the court to the Supreme Court of Maryland. It changed to this name on December 14, 2022.

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 petition for a writ of certiorari to the Court of Special Appeals. The court can decline the petition, 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. This is known as the Court 'granting certiorari on its own motion', or 'reaching down'. In this instance, the writ of certiorari is issued to the trial court, rather than to the Court of Special Appeals (Maryland's intermediate appellate court, or appellate court of right).

The court does not sit in panels; all seven judges sit on each case (en banc) 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.

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 had exclusive jurisdiction in death penalty appeals prior to the abolition of capital punishment in Maryland.

As the state's "supreme court," the Court of Appeals likewise retains original jurisdiction to discipline all attorneys admitted to the practice of law in Maryland. It can impose penalties ranging from reprimands to the ultimate punishment, disbarment.

Jurists

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. However, note that the ballot for re-election says only 'for continuance in office'. I.e. there is no opposing candidate.

The Judges of the court are required to be citizens of and qualified voters in Maryland. Prior to their appointment, they must have lived in Maryland for at least five years, and must have lived 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. 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, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester counties
2	Baltimore County and Harford County
3	Allegany, Carroll, Frederick, Garrett, Howard, and Washington counties
4	Prince George's County
5	Anne Arundel, Calvert, Charles, and St. Mary's counties
6	Baltimore City
7	Montgomery County

Current judges

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

Robert M. Bell, retired Chief Judge. 1996–2013

Unlike most other states (save, again, New York), 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.

Circuit	Judge	Born	Joined the court	Mandatory retirement	Appointing governor	College	Law school
1	Brynja McDivitt Booth	(1972-06-10) June 10, 1972	April 18, 2019	June 10, 2042	Larry Hogan (R)	Bucknell University	Washington and Lee
2	Angela M. Eaves	(1959-04-22) April 22, 1959	April 12, 2022	April 22, 2029	Larry Hogan (R)	Texas	Texas
3	Matthew J. Fader, Chief Judge	(1973-07-23) July 23, 1973	April 15, 2022	July 23, 2049	Larry Hogan (R)	Virginia	Yale
4	Michele D. Hotten	(1954-04-20) April 20, 1954	December 22, 2015	April 20, 2024	Larry Hogan (R)	USF	Howard
5	Jonathan Biran	1966 (age 57–58)	December 16, 2019	2040/2041	Larry Hogan (R)	Swarthmore	Stanford
6	Shirley M. Watts	(1959-03-06) March 6, 1959	July 31, 2013	March 6, 2029	Martin O'Malley (D)	Howard	Rutgers
7	Steven B. Gould	(1966-05-09) May 9, 1966	September 11, 2021	May 9, 2036	Larry Hogan (R)	Penn	Boston University

Senior judges

Judges of the Maryland Court of Appeals who no longer wish to work full time, or wish to have more control over their schedules, may become senior judges and be appointed to hear cases if: they were not removed or involuntarily retired from the bench, they did not leave the bench for reason of disability, they did not leave the bench because they lost an election or did not gain Senate confirmation, they were not censured by the Maryland Court of Appeals upon recommendation of the Commission on Judicial Disabilities, and they do not engage in the practice of law.

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. In the 2022 general election, a ballot measure asked Maryland voters whether to approve a constitutional amendment changing the court's name to the Supreme Court of Maryland. The measure was approved by 74.2% of voters on November 8, 2022.

See also

• Courts of Maryland
• Government of Maryland
• Maryland Court of Special Appeals

External links

• Homepage for the Court of Appeals
• Information from the Maryland Archives
• Maryland Constitution, Article IV: Judiciary Department
• Red Robes and the Maryland Court of Appeals
• Judicial Records from The Archives of Maryland

• Court Overview | Maryland Courts