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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.

2012 General Election

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

  • Chief Judge Robert M. Bell, 6th Appellate Circuit
  • Lynne A. Battaglia, 3rd Appellate Circuit
  • Robert N McDonald, 2nd 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.

2012 General Election

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

  • Judge Stuart R. Berger, At Large
  • Judge Michele D. Hotten, 4th Appellate Circuit
  • Judge Shirley M. Watts, 6th Appellate Circuit

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;

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. The election of circuit court judges is a partisan election (see Suessmann v. Lamone, 383 Md. 697, 862 A.2d 1). As such, the office appears on the Democratic and Republican primary election ballots. However, a Democratic or Republican candidate may file and appear on both the Democratic and Republican primary ballots.
  2. The candidates who receive the majority of votes in each of the primaries will move on to the general election ballot (but their party affiliation will not be specified) and will face any petition candidates or non-principal political party candidates who have received their party's nomination.
  3. For example:
    • In Circuit X, there are two incumbent judges who must stand for election. They are candidates A and B, a Democrat and Republican respectively. They both file Certificates of Candidacy to appear on both the Democratic and Republican Primary ballots. Candidate C, a Democrat and qualified member of the Bar also files a Certificate of Candidacy to appear on both the Democratic and Republican primary ballots.
    • In the primary election, the Democratic Party selects candidates A and C (i.e. those two candidates received the most votes) and the Republican Party selects candidates A and B.
    • In the general election candidates A, B, and C all will appear on the ballot since they each won one or both of the primary elections in which they appeared on the ballot.
    • On the general election ballot, in addition to candidates A, B, and C, candidate D will also appear on the ballot. Candidate D is a member of the Green Party and a qualified member of the Bar and received the Green Party's nomination.
    • The two candidates who receive the most votes will be elected to office.
  4. All candidates for Circuit Court must file in person at the State Board of Elections (see address and directions).
  5. The deadline for a Democratic or Republican candidate to file a Certificate of Candidacy was 9:00 PM on January 11, 2012.
  6. The deadline for a petition candidate or a non-principal party candidate to file a Declaration of Intent is 5:00 PM on June 29, 2012. The deadline to submit the completed petition or Certificate of Party Nomination is 5:00 PM on August 6, 2012.
  7. The party affiliation of candidates is not included on the general election ballot.
  8. Candidates are listed in alphabetical order.

2012 General Election

This year, the following seats are up for election:

  • 1st Circuit
    • Wicomico - current Judge Leah J. Seaton
    • Worcester - current Judge Brian Shockley
  • 2nd Circuit
    • Cecil - current Judge Keith Baynes
    • Cecil - current Judge Jane Murray
  • 3rd Circuit
    • Baltimore County - current Judge Nancy Purpura
    • Harford - current Judge Melba Elizabeth Bowen
  • 4th Circuit - There are no Judges up for election
  • 5th Circuit
    • Anne Arundel - current Judge Pamela North
    • Howard - current Judge Lenore Gelfman
    • Howard - current Judge William Tucker
  • 6th Circuit
    • Frederick - current Judge William Nicklas
    • Montgomery - current Judge Anne Albright
    • Montgomery - current Judge Michael Mason
    • Montgomery - current Judge Louise Scrivener
  • 7th Circuit
    • Calvert County - current Judge Marjorie Clagett
    • Charles County - current Judge Steven Chappelle
    • Prince George's County - current Judge Krystal Q. Alves
    • Prince George's County - current Judge DaNeeka V. Cotton
    • Prince George's County - current Judge John Paul Davey
    • Prince George's County - current Judge Hassan Ali El-Amin
    • Prince George's County - current Judge Sherrie Krauser
    • St. Mary's County - current Judge David Densford
  • 8th Circuit
    • Baltimore City - current Judge Kendra Ausby
    • Baltimore City - current Judge Jeannie J. Hong
    • Baltimore City - current Judge Charles Peters
    • Baltimore City - current Judge Michael W. Reed
    • Baltimore City - current Judge Yolanda Tanner
    • Baltimore City - current Judge David Young

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 $5,000, 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 $30,000) 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.