Court of Appeals

Description

As the highest tribunal in Maryland, the Court of Appeals was created by the Constitution of 1776 (Art. 56). The Court of Appeals hears cases almost exclusively by way of certiorari (i.e., on review). The Court may review a case decided by the Court of Special Appeals or may bring up for review cases filed in that court before they are decided there. The Court of Appeals also may review certain decisions rendered by the Circuit Court if that court acted in an appellate capacity with respect to an appeal from the District Court. The Court may adopt rules of judicial administration, practice, and procedure that have the force of law. It also reviews recommendations of the State Board of Law Examiners and conducts disciplinary proceedings involving members of the bench and bar.

Composition

The Court of Appeals is composed of seven judges, one from each of the seven Appellate Judicial Circuits:

• 1st Appellate Circuit: Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico & Worcester
• 2nd Appellate Circuit: Baltimore County & Harford
• 3rd Appellate Circuit: Allegany, Carroll, Frederick, Garrett, Howard & Washington
• 4th Appellate Circuit: Prince George's
• 5th Appellate Circuit: Anne Arundel, Calvert, Charles & St. Mary's
• 6th Appellate Circuit: Baltimore City
• 7th Appellate Circuit: Montgomery

Appointment and Retention

When there is a vacancy, the Governor, with the advice and consent of the Senate, appoints a person duly qualified to fill the office. Once appointed, the judge holds the office until the next general election occurring one year after the vacancy. At that time, the judge runs for continuance in office in which the registered voters of the appellate judicial circuit vote to approve or reject his or her continuance in office. The judge then runs for continuance every ten years thereafter.

2008 General Election

This year, the following Judges are required to run for continuance in office:

• Chief Judge Joseph F. Murphy, Jr., 2nd Appellate Circuit
• Judge Sally D. Adkins, 1st Appellate Circuit

Court of Special Appeals

Description

The Court of Special Appeals is the second highest court in Maryland. Like the State's highest court, the Court of Special Appeals is an appellate court. It was established in 1966 to ease the caseload of the Court of Appeals and to facilitate resolution of cases requiring appellate adjudication.

Composition

The Court of Special Appeals is composed of thirteen judges. Seven judges represent the seven appellate judicial circuits described above. The remaining six judges are at-large appointments.

Appointment and Retention

When there is a vacancy the Governor, with the advice and consent of the Senate, appoints a person duly qualified to fill the office. Once appointed, the judge holds the office until the next general election occurring one year after the vacancy. At that time, the judge runs for continuance in office in which the registered voters of the appellate judicial circuit or the entire State, in the case of an at-large Judge, vote to approve or reject his or her continuance in office. The judge then runs for continuance every ten years thereafter.

2008 General Election

This year, the following judges are running for continuance in office:

• Judge Robert A. Zarnoch, At Large
• Judge Deborah Eyler, At Large

Circuit Court

Description

The Circuit Court is a trial court of general jurisdiction. Its jurisdiction is very broad but generally covers major civil cases and more serious criminal matters. Circuit Courts also may decide appeals from the District Court and certain administrative agencies. These courts are grouped into eight geographical circuits. The first seven circuits each contain two or more counties; the eighth consists of Baltimore City (Const., Art. IV, sec. 19).

Composition

The State is divided into 8 Judicial Circuits. The General Assembly determines the number of judges in each circuit and county. As of July 2001, the number of judges per circuit and county are as follows;

• 1st Circuit (8 Judges): Dorchester (1), Somerset (1), Wicomico (3) & Worcester (3)
• 2nd Circuit (7 Judges): Caroline (1), Cecil (3), Kent (1), Queen Anne's (1) & Talbot (1)
• 3rd Circuit (22 Judges): Baltimore County (17) & Harford County (5)
• 4th Circuit (8 Judges): Allegany (2), Garrett (1) & Washington (5)
• 5th Circuit (19 Judges): Anne Arundel (11), Carroll (3) & Howard (5)
• 6th Circuit (25 Judges): Frederick (4) & Montgomery (21)
• 7th Circuit (32 Judges): Calvert (2), Charles (4), Prince George's (23) & St. Mary's (3)
• 8th Circuit (32 Judges): Baltimore City

Appointment and Retention

When there is a vacancy, the Governor appoints a person duly qualified to fill the office. Each Circuit Court judge then must stand for election at the first election that occurs at least one year following the vacancy the judge was appointed to fill. The judge may be opposed formally by one or more qualified members of the bar. The successful candidate is elected to a fifteen-year term. At the expiration of the term, the judge may run again.

Judicial Candidates

1. All candidates for Circuit Court must file in person at the State Board of Elections (see address and directions).
2. The deadline for filing was 9:00 PM on December 3, 2007
3. Candidates appear on the ballot in both the Democratic and Republican Party Primaries (and on the ballot for any other political party holding a primary).
4. The winners in the party primaries appear on the General Election Ballot.

2008 General Election

This year, the following seats are up for election:

• 1st Circuit
  • Somerset - current Judge Daniel M. Long
• 2nd Circuit
  • Kent - current Judge J. Frederick Price
  • Talbot - current Judge Broughton Miller Earnest
• 3rd Circuit
  • Baltimore County - current Judge Thomas J. Bollinger, Sr.
  • Baltimore County - current Judge H. Patrick Stringer
  • Harford County - current Judge Angela Michelle Eaves
• 4th Circuit - There are no Judges up for election
• 5th Circuit
  • Anne Arundel - current Judge Jeffrey Michael Wachs
  • Howard - current Judge Timothy J. McCrone
• 6th Circuit
  • Montgomery - current Judge Mary E. McCormick
  • Montgomery - current Judge Robert A. Greenberg
• 7th Circuit
  • Prince George's County - current Judge Larnzell Martin
  • Prince George's County - current Judge Albert W. Northrop
  • Prince George's County - current Judge A. Michael Chapdelaine
  • Prince George's County - current Judge Crystal Dixon Mittelstaedt
  • Prince George's County - current Judge Nicholas Elias Rattal
• 8th Circuit
  • Baltimore City - current Judge Charles G. Bernstein
  • Baltimore City - current Judge Yvette M. Bryant
  • Baltimore City - current Judge Timothy J. Doory
  • Baltimore City - current Judge John Addison Howard
  • Baltimore City - current Judge George L. Russell, III
  • Baltimore City - current Judge Pamela J. White
  • Baltimore City - current Judge Robert B. Kershaw
  • Baltimore City - current Judge Emanuel Brown

District Court

Description

The District Court has jurisdiction in minor civil and criminal matters, and virtually all violations of the Motor Vehicle Law. The exclusive jurisdiction of the District Court generally includes all landlord and tenant cases; replevin actions; motor vehicle violations; criminal cases if the penalty is less than three years imprisonment or does not exceed a fine of $2,500, or both; and civil cases involving amounts not exceeding $2,500. It has concurrent jurisdiction with the circuit courts in civil cases over $2,500 (but not exceeding $10,000) and concurrent jurisdiction in misdemeanors and certain enumerated felonies. The District Court has little equity jurisdiction and only in Montgomery County has jurisdiction over juvenile cases.

Appointment and Retention

The Governor, with the advice and consent of the Senate, appoints District Court Judges to ten-year terms. They do not stand for election.