616 /Court of Special Appeals Maryland Manual 1994-1995
ORIGIN & FUNCTIONS
The Court of Special Appeals, Maryland's intermediate appellate court, was created in 1966 to alleviate
a substantial backlog of cases in the Court of Appeals (Chapters 10, 11, Acts of 1966, ratified Nov. 8,
1966, and implemented by Chapters 11,12, Acts of 1966; Const., Art. IV, sec. 14A). The Court of Special
Appeals sits in Annapolis.
An earlier intermediate appellate court, the General Court, had been formed during the Revolutionary
War by the Constitution of 1776. Hearing appeals from the county courts, the court was organized into
the General Court of the Western Shore which sat in Annapolis and the General Court of the Eastern
Shore which sat at Easton. After the General Court was abolished in 1806, the Court of Appeals served
as the State's only appellate court until the Court of Special Appeals was established in 1966.
Except as otherwise provided by law, the Court of Special Appeals has exclusive initial appellate
jurisdiction over any reviewable judgment, decree, order, or other action of a circuit court or an orphans'
court and generally hears cases appealed from the circuit courts (Code Courts and Judicial Proceedings
Article, sec. 12-308). Judges of the Court of Special Appeals are empowered to sit in panels of three. A
hearing or rehearing of a case before the whole Court may be ordered in any case by a majority of the
Court's incumbent judges. The Court also considers applications for leave to appeal in such areas as
post-conviction, habeas corpus matters involving denial of or excessive bail, and inmate grievances (Code
Courts and Judicial Proceedings Article, secs. 1-401 through 1-403).
The Court of Special Appeals is composed of thirteen judges. Initially, judges are appointed by the
Governor and confirmed by the Senate. Thereafter, they run on their records without formal opposition
for a ten-year term. One judge is elected from each of the first five Appellate Judicial Circuits and two are
elected from the Sixth Appellate Judicial Circuit (Baltimore City).
1st Appellate Judicial Circuit: Cecil, Kent, Queen Anne's, Caroline, Talbot, Dorchester, Wicomico,
Worcester and Somerset Counties.
2nd Appellate Judicial Circuit: Baltimore County and Harford County.
3rd Appellate Judicial Circuit: Allegany, Frederick, Garrett, Montgomery and Washington Counties.
4th Appellate Judicial Circuit: Prince George's, Calvert, Charles and St. Mary's Counties.
5th Appellate Judicial Circuit: Anne Arundel, Carroll and Howard Counties.
6th Appellate Judicial Circuit: Baltimore City.
The remaining six judges are elected from the State at large. The Chief Judge of the Court of Special
Appeals is designated by the Governor.
The clerk is appointed by the Court of Special Appeals. The clerk maintains the docket, receives the
records and briefs of all appeals filed with the Court, and maintains official custody of Court decisions.
|