How Does The Maryland Court Of Appeals Work?

In 1776, the Maryland Constitution established the Court of Appeals, the highest court in the State. Initially, the court served at multiple locations in the State, but since 1851, the Maryland Court of Appeals has been domiciled in Annapolis. The Court of Appeals comprises seven judges. Before 1994, one judge represented the first 5 Appellate Circuits and another two for the sixth one. However, an amendment act restructured the circuits to produce seven judges from all seven Appellate judicial circuits.

The Maryland Court of Appeals judges sit en banc to decide on cases. If a judge is disqualified, a retired judge of the appeal court or a judge from another court might be appointed to sit in the disqualified judge’s place. The court never proceeds with fewer than five judges.

The Governor appoints the Chief Judge of the Maryland Court of Appeals, who becomes the State’s judiciary’s administrative head. The Court usually hears cases by Certiorari (a judiciary discretionary review procedure). This method minimizes the Court’s excessive workload, allowing the court to concentrate on more critical issues. An individual can file a motion for Certiorari seeking a review on a court case ruling or an ongoing court proceeding, in the State’s Orphans’ Court, Tax Court, or Circuit Court.

Individuals can file a motion to review cases primarily appealed to the Maryland Court of Special Appeals. The Court of Appeals accepts petitions it considers appropriate and in the best interest of the public. It may also deal with cases on the writ of Certiorari granted on the Court’s injunction. Here, the writ of Certiorari is submitted to the Maryland trial court.

Throughout all the months of the year, the Court of Appeals addresses certiorari applications on a pre-planned timetable. This is done ahead of the certiorari conferences. The petitions to be addressed are delivered to each judge, together with the lower Court’s decisions. The judge (not their law clerks) review each petition. At Maryland certiorari conferences, the chief judge asks each judge (in the ascending order of seniority) about the petitions and if they would vote to accept it. At least three judges must approve a petition, or it will be denied. If a request for Certiorari is accepted, the case is listed on the docket, and oral arguments are held.

The Court of Appeal has constitutional jurisdiction over matters such as:

• Certification of legal questions
• Dismissal of officers
• Legislative redistricting
• Regulation of judicial operations, management, and practice of all courts in the State
• Admittance of legal practitioners

The Governor chooses the judges with the approval of the senate. Maryland judges stand in a yes or no retention election after serving for a minimum of one year. The election is based on their credentials only. If appointed, Judges serve in the Court of Appeals for a 10-year term.

If a split vote occurs or the Maryland electors oppose the judge’s retention, the office will become vacant, and a new nominee fills in the position. Otherwise, the sitting judge would stay in court for ten years.

The qualifications of a Maryland Court of Appeals Judge are as follows:

• Must be a citizen of Maryland as well as a qualified voter
• Must be a resident of Maryland for five years (minimum)
• Must be aged 30 years and above at the time of appointment
• Must be an active law practitioner in the State
• Must be a resident of the Appellate Circuit (which the individual gets appointed) for a minimum of six months before the appointment
• Must have a distinguished record for a sound knowledge of the law, wisdom, and integrity

The state governor can remove a judge at the General Assembly’s address if the Governor’s decision receives a two-thirds vote of consent from both the Senate and House of Delegates. If the Maryland Commission for Judicial Disabilities proposes it, the Maryland Court of Appeals can remove one of its judges.

The Maryland Court Of Appeals is located at:

Robert C. Murphy Court Of Appeal Building (Maryland)

361 Rowe Boulevard

Annapolis, MD 21401

Phone: (410) 260–1500

In general, The Court of Appeals dockets are publicly accessible, with a few exceptions. Interested parties can obtain the Maryland Court of Appeals dockets online from the Maryland Case Search. Individuals can search for dockets by company or person, case type, case number, and filing date.

Alternatively, requesters can get the dockets from the office of the Clerk of the Court Of Appeals at:

361 Rowe Boulevard

Annapolis, Maryland 21401

Phone: (410) 260–1500

Email: coaclerkofthecourt@mdcourts.gov

The following documents are not available to the public without a court order or a special rule of law:

• Juvenile delinquency
• A Guardian ending parental rights
• CINA (child In need of assistance) cases
• Certain marriage records
• Adoption
• Tax returns on income
• Child support or spousal financial statements
• Some mental health records
• Specific reports involving a disabled adult’s property