Supreme Court of Maryland

Last updated
Supreme Court of Maryland
Supreme Court of Maryland Seal.png
Seal of the Supreme Court of Maryland
Supreme Court of Maryland
Established1776;248 years ago (1776) (as Court of Appeals)
Location Annapolis, Maryland, U.S.
Composition methodAppointment 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 length10 years (mandatory retirement at the age of 70)
Number of positions7
Website Official website
Chief Justice
Currently Matthew J. Fader
SinceApril 15, 2022
Lead position endsJuly 23, 2043

The Supreme Court of Maryland (previously the Maryland Court of Appeals) is the highest court of the U.S. state of Maryland. The court, which is composed of one chief justice and six associate justices, 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 justices wear red robes.

Contents

History

Seal as the Court of Appeals. MarylandCourtOfAppealsSeal.jpg
Seal as the Court of Appeals.

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 in Baltimore, 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), 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. [1]

Maryland was formerly one of only two states whose highest judicial body was called a "Court of Appeals" rather than a "Supreme Court," along with the New York Court of Appeals. [lower-alpha 1] 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", and the title of its judges to "Justice." [2] [3] The same amendment also renamed the intermediate appellate court from the Court of Special Appeals to the Appellate Court of Maryland. [3] The new names became effective on December 14, 2022. [4]

Functions

As Maryland's highest court, the Supreme Court of Maryland reviews cases of both major and minor importance. Throughout the year, the Supreme Court of Maryland 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 Justice of the Supreme Court of Maryland, designated by the Governor, is the constitutional administrative head of the Maryland judicial system. [5]

Cases typically come before the Supreme Court of Maryland on a petition for a writ of certiorari to the Appellate Court of Maryland. The court can decline the petition, and refuse to hear the case, or it can grant the "cert," and hear the appeal. The justices sometimes decide to hear an appeal before the lower appellate court has heard the case. [5] 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 Appellate Court of Maryland (Maryland's intermediate appellate court, or appellate court of right).

The court does not sit in panels; all seven justices 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 justice. In practice, almost all cases are heard by seven justices, though a quorum for the court is five justices. [5]

While it is generally an appellate court and hears most cases on appeal, the Supreme Court of Maryland 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. [5]

The Supreme Court of Maryland likewise retains original jurisdiction to discipline all attorneys admitted to the practice of law in Maryland. [6] It can impose penalties ranging from reprimands to the ultimate punishment, disbarment.

Justices

Appointment and qualifications

The seven justices of the Supreme Court of Maryland 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 justices 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 justice, or the vote is tied, the office becomes vacant. Otherwise, the incumbent justice 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 Supreme Court of Maryland must retire by their 70th birthday. [7]

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

Maryland Judicial Circuits

CircuitCounties
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
7 Montgomery County

Current justices

Justices of the Supreme Court of Maryland, 2023 Supreme Court of Maryland (53289465761).jpg
Justices of the Supreme Court of Maryland, 2023

Unlike most other American federal, state, and local courts, the justices on the Supreme Court of Maryland 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.

CircuitJustice [8] BornJoinedTerm endsMandatory retirement [lower-alpha 2] Appointed byLaw school
3 Matthew J. Fader , Chief JusticeJuly 23, 1973 (age 50)April 15, 202220242043 Larry Hogan (R) Yale
6 Shirley M. Watts March 6, 1959 (age 65)July 31, 201320242029 Martin O'Malley (D) Rutgers
1 Brynja McDivitt Booth June 10, 1972 (age 51)April 18, 201920302042 Larry Hogan (R) Washington and Lee
5 Jonathan Biran 1966 (age 5758)December 16, 201920302036 Larry Hogan (R) Stanford
7 Steven B. Gould May 9, 1966 (age 57)September 11, 202120322036 Larry Hogan (R) Boston University
2 Angela M. Eaves April 22, 1959 (age 64)April 12, 202220242029 Larry Hogan (R) Texas
4Vacant
  1. Additionally, the highest court in the District of Columbia is the District of Columbia Court of Appeals. The Oklahoma Court of Criminal Appeals and Texas Court of Criminal Appeals are the highest courts for criminal matters in their respective states, which use the term "Supreme Court" for their highest courts that hear civil matters.
  2. Justices must retire by the age of 70.

Vacancy and pending nomination

SeatSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
Michele D. Hotten Mandatory retirementApril 20, 2024

Senior justices

Justices of the Supreme Court of Maryland who no longer wish to work full time, or wish to have more control over their schedules, may become senior justices 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 Supreme Court of Maryland upon recommendation of the Commission on Judicial Disabilities, and they do not engage in the practice of law. [9] [10] [11]

See also

Notes

    Related Research Articles

    In the United States, a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.

    <span class="mw-page-title-main">United States courts of appeals</span> Post-1891 U.S. appellate circuit courts

    The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the United States in cases involving certain specialized areas of law.

    <span class="mw-page-title-main">Oregon Supreme Court</span> Highest court in the U.S. state of Oregon

    The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol building on State Street. The building was finished in 1914 and also houses the state's law library, while the courtroom is also used by the Oregon Court of Appeals.

    <span class="mw-page-title-main">Government of Maryland</span> State government of the United States

    The 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 the Constitution of the United States.

    <span class="mw-page-title-main">Florida District Courts of Appeal</span> Intermediate appellate courts of Florida

    The district courts of appeal (DCAs) are the intermediate appellate courts of the Florida state court system. There are currently six DCAs:

    <span class="mw-page-title-main">Supreme Court of Florida</span> Highest court in the U.S. state of Florida

    The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large.

    The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system.

    The Alaska Court System is the unified, centrally administered, and totally state-funded judicial system for the state of Alaska. The Alaska District Courts are the primary misdemeanor trial courts, the Alaska Superior Courts are the primary felony trial courts, and the Alaska Supreme Court and the Alaska Court of Appeals are the primary appellate courts. The chief justice of the Alaska Supreme Court is the administrative head of the Alaska Court System.

    <span class="mw-page-title-main">California Courts of Appeal</span> Intermediate appellate courts of California

    The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts. The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices.

    <span class="mw-page-title-main">Appellate Court of Maryland</span> Marylands intermediate appellate court

    The Appellate Court of Maryland is the intermediate appellate court for the U.S. state of Maryland. The Appellate Court of Maryland was created in 1966 in response to the rapidly growing caseload in the Supreme Court of Maryland. Like the state's highest court, the tribunal meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis.

    <span class="mw-page-title-main">Montana Supreme Court</span> Highest court in the U.S. state of Montana

    The Montana Supreme Court is the highest court of the state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution. It is primarily an appellate court which reviews civil and criminal decisions of Montana's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. The court's Chief Justice and six Associate Justices are elected by non-partisan, popular elections. The Montana Supreme Court meets in the Joseph P. Mazurek Building in Helena, Montana, the state's capital, an international style building completed in 1982 and named in the honor of former Montana Attorney General, Joseph P. Mazurek.

    The Judiciary of Colorado is established and authorized by Article VI of the Colorado Constitution as well as the law of Colorado. The various courts include the Colorado Supreme Court, Colorado Court of Appeals, Colorado district courts, Colorado county courts, Colorado water courts, and municipal courts. The administration of the state judicial system is the responsibility of the Chief Justice of the Colorado Supreme Court as its executive head and is assisted by several other commissions. In Denver, the county and municipal courts are integrated and administratively separate from the state court system.

    The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the president is the head of state and the governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.

    <span class="mw-page-title-main">Government of Tennessee</span>

    The Government of Tennessee is organized under the provisions of the 1870 Constitution of Tennessee, first adopted in 1796. As set forth by the state constitution, administrative influence in Tennessee is divided among three branches of government: executive, legislative, and judicial.

    <span class="mw-page-title-main">Judiciary of New York</span> Judicial branch of the New York state government

    The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.

    The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.

    The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.

    <span class="mw-page-title-main">Judiciary of Louisiana</span>

    The Judiciary of Louisiana is defined under the Constitution and law of Louisiana and is composed of the Louisiana Supreme Court, the Louisiana Circuit Courts of Appeal, the District Courts, the Justice of the Peace Courts, the Mayor's Courts, the City Courts, and the Parish Courts. The Chief Justice of the Louisiana Supreme Court is the chief administrator of the judiciary, and its administration is aided by the Judiciary Commission of Louisiana, the Louisiana Attorney Disciplinary Board, and the Judicial Council of the Supreme Court of Louisiana.

    The judiciary of Illinois is the unified court system of Illinois primarily responsible for applying the Constitution and law of Illinois. It consists of the Supreme Court, the Appellate Court, and circuit courts. The Supreme Court oversees the administration of the court system.

    The judiciary of Michigan is defined under the Michigan Constitution, law, and regulations as part of the Government of Michigan. The court system consists of the Michigan Supreme Court, the Michigan Court of Appeals as the intermediate appellate court, the circuit courts and district courts as the two primary trial courts, and several administrative courts and specialized courts. The Supreme Court administers all the courts. The Michigan Supreme Court consists of seven members who are elected on non-partisan ballots for staggered eight-year terms, while state appellate court judges are elected to terms of six years and vacancies are filled by an appointment by the governor, and circuit court and district court judges are elected to terms of six years.

    References

    1. "Court Overview | Maryland Courts". www.courts.state.md.us.
    2. Munro, Dana; Opilo, Emily (November 9, 2022). "Maryland to require legislators to live in their districts; state will rename its high court". The Baltimore Sun . Retrieved November 9, 2022.
    3. 1 2 "Election Day was a "Namechanger": Voters Successfully Rename Maryland's Appellate Courts". 13 November 2022.
    4. Lash, Steve (November 29, 2022). "Maryland's appellate courts will get new names Dec. 14". The Daily Record . Retrieved December 14, 2022.
    5. 1 2 3 4 "Court of Appeals: Origin and Functions". Maryland Manual Online. Maryland State Archives. Retrieved 2007-07-08.
    6. Irwin Kramer. "Attorney Grievance: An Overview of Discipline in the Court of Appeals of Maryland". AttorneyGrievances.com. Archived from the original on 2015-04-15. Retrieved 2015-01-11.
    7. Tim Maloney (2005-08-07). "Makeover for Maryland's Highest Court". Washington Post. p. B8. Retrieved 2007-05-24. The constitutional provision is MD. CONST. art. IV, §5A(f) Archived 2006-12-14 at the Wayback Machine .
    8. "Justices of the Supreme Court of Maryland". Maryland Courts.
    9. "Welcome Senior Judges | Maryland Courts". www.mdcourts.gov.
    10. "Maryland Courts and Judicial Proceedings Section 1-302". Justia Law.
    11. "Application for Certification or Recertification for Recall as a Senior Judge" (PDF). Maryland Courts.

    38°59′07″N76°30′05″W / 38.9852°N 76.501418°W / 38.9852; -76.501418