Maryland Court of Appeals

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.[1]

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.[1] 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.[1]

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.[1]

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.[2] They can impose penalties ranging from reprimands to the ultimate punishment, disbarment.

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.

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

• 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