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Maryland Manual, 1985-86
Volume 182, Page 8   View pdf image (33K)
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8/Maryland Manual

Circuit Courts, the Court of Special Appeals, and
the Court of Appeals.

The District Court of Maryland, implemented in
1971 on a statewide basis in every county in the
state and Baltimore City, is a court of limited
jurisdiction that replaced the earlier local justices
of the peace and county trial magistrates. The
District Courts have jurisdiction in minor civil and
criminal matters and in virtually all violations of
the state Motor Vehicle Law. District Court judges
are appointed by the governor for ten-year terms.

Appeals from decisions in the District Court, as
well as more serious criminal and civil cases, are
heard in the Circuit Courts. Circuit Court judges
are nominated by special judicial selection com-
missions and appointed by the governor with the
consent of the Senate. At the first statewide
election occurring at least one year after their
appointment. Circuit Court judges must success-
fully stand for election to continue in office for the
term of fifteen years.

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 by constitutional amend-
ment in 1966 to ease the caseload of the Court of
Appeals and to facilitate resolution of cases requir-
ing appellate adjudication. Composed of thirteen
judges, members of the Court of Special Appeals
are appointed by the governor with the consent of
the Senate for fifteen-year terms, subject to ap-
proval of the voters at the next election after their
appointment. The Court of Special Appeals has
exclusive initial appellate jurisdiction over any
reviewable judgment, decree, order, or other action
of a Circuit Court, except for appeals in criminal
cases in which the death penalty is imposed.

The Court of Appeals has a long history in
Maryland, dating from the first state constitution
adopted in 1777. The Court of Appeals is the
state's highest court, and the cases it reviews are
limited to those of major importance where the

decisions rendered bear largely on the proper
constitutional interpretation of the law. The seven
judges of the Court of Appeals, appointed by the
governor with the consent of the Senate, serve
fifteen year terms. Like judges of the Court of
Special Appeals, judges of the Court of Appeals
must win approval of the electorate at the first
election occurring at least one year after their
appointment.

Various units, boards, and commissions exist
within the judiciary to facilitate operation of the
department and to assist judges of the different
courts. The Judicial Nominating Commissions
present names to the governor when vacancies
occur on any of the appellate or circuit courts. The
Maryland State Law Library is the principal law
reference library in the state. Also within the
Judiciary Department are the State Board of Law
Examiners, which conducts examinations for pro-
spective members of the State Bar, and the Attor-
ney Grievance Commission, charged with super-
vising and administering the discipline of attor-
neys.

These three branches of state government—the
executive, legislative, and judicial—act in close
harmony to preserve, protect, and extend the
privileges and obligations provided to the citizens
of Maryland by the state Constitution. All three
branches represent the interests of the citizens of
the State in their relations with other states and the
federal government, and each works closely with
and supplements the services of local, municipal,
and county administrations. The checks and bal-
ances provided by the Constitution of Maryland
ensure a certain beneficial degree of tension and
proprietorship among the three branches of State
government, and each carefully guards its preroga-
tives. The fundamental goal of State government as
a whole, however, is to serve the best interests of
the people. It is thus the citizens themselves who
ultimately determine, through periodic elections,
referenda, and amendments to the Constitution
itself, the policies, functions, and extent of the
government of the State of Maryland.

 



 
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Maryland Manual, 1985-86
Volume 182, Page 8   View pdf image (33K)
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