The Judicial Branch is responsible for the reso-
lution of all matters involving civil and criminal law
in the State of Maryland. Judges base their decisions
on statutory law, common law, or equity. Maryland
has a four-tiered court system consisting of the
District Court of Maryland, Circuit Courts, the
Court of Special Appeals, and the Court of Appeals.

The District Court of Maryland was created in
1971 on a statewide basis in each county and Bal-
timore City. As a court of limited jurisdiction, it
replaced local justices of the peace and county trial
magistrates. District Courts have jurisdiction in mi-
nor civil and criminal matters and in virtually all
violations of the Motor Vehicle Law. District Court
judges are appointed by the Governor for ten-year
terms.

In each county and in Baltimore City is a Circuit
Court. The Circuit Court has original jurisdiction
over more serious criminal and civil cases and also
hears appeals from decisions in the District Court.
Circuit Court judges are nominated by special judi-
cial selection commissions and appointed by the
Governor with Senate consent. At the first state-
wide election occurring at least one year after their
appointment, Circuit Court judges must success-
fully stand for election to continue in office for a
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 in 1966 to ease the
caseload of the Court of Appeals and to facilitate
resolution of cases requiring appellate adjudication.
Composed of thirteen judges, members of the
Court of Special Appeals are appointed by the
Governor with Senate consent for ten-year terms,
subject to approval of the voters at the next election
after their appointment. The Court of Special Ap-
peals has exclusive initial appellate jurisdiction over
any reviewable judgment, decree, order, or other
action of a circuit court, except for appeals in crimi-
nal cases in which the death penalty is imposed.

The Court of Appeals has a long history in
Maryland, dating from the seventeenth century and

Maryland Manual 1994-1995

reformed by the first State constitution of 1776. As
Maryland's highest court, the Court of Appeals
reviews cases of major importance where the deci-
sions rendered are based on constitutional interpre-
tation of the law. The seven judges of the Court of
Appeals are appointed by the Governor with Senate
consent. They serve ten-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 the judicial process
and assist judges of the different courts. The Judicial
Nominating Commissions, for example, present
names to the Governor when vacancies occur on
any of the appellate or circuit courts. The 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 prospective members of the State
Bar, and the Attorney Grievance Commission,
charged with supervising and administering the
discipline of attorneys.

The three branches of State government—ex-
ecutive, legislative, and judicial—act to preserve,
protect, and extend the privileges and obligations
provided to the citizens of Maryland by the State
Constitution. All three branches represent the in-
terests of the citizens of the State in their relations
with other states and the federal government, and
each works closely with and supplements the serv-
ices of municipal and county administrations.
Checks and balances 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 prerogatives. The fundamental goal of
State government as a whole, however, is to serve
the public interest. Through periodic elections, ref-
erenda, and amendments to the Constitution, citi-
zens ultimately determine the policies, functions,
and extent of the government of the State of Mary-
land.