656 / Court of Special Appeals Maryland Manual 1996-1997

ORIGIN & FUNCTIONS

The Court of Special Appeals, Maryland's intermediate appellate court, was created in 1966 to
alleMate 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 Revolu
tionarv 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 w as 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,
probation revocations, convictions based upon guilty pleas, and inmate grievances (C ode Courts and
Judicial Proceedings Article, sees 1 401 through 1 403)

The Court of Special Appeals is composed of thirteen judges Initially, judges are appointed bv 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 seven Appellate Judicial Circuits *

1st Appellate Judicial Circuit Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot,
Wicomico and Worcester Counties

2nd Appellate Judicial Circuit Baltimore County and Harford County

3i d Appellate Judicial Circuit AUegany, Carroll, Frederick, Garrett, Howard and Washmgton Counties

4th Appellate Judicial Circuit Prince George's County

5th Appellate Judicial Circuit Anne Arundel, Calvert, Charles and St Mary's Counties

6th Appellate Judicial Circuit Baltimore City

7th Appellate Judicial Circuit Montgomery County

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

*In 1994, the boundaries of the 3rd, 4th and 5th Appellate Judicial Circuits were reformed by
Constitutional amendment (Chapter 103, Acts of 1994, ratified Nov 8, 1994) One seat was
eliminated from the 6th Appellate Judicial Circuit (Baltimore City) and a seventh circuit created
encompassing Montgomery County (Const , Article IV, sec 14) For the Court of Special Appeals,
one judge from the 6th Appellate Judicial Circuit temporarily became an at large member The first
vacancy on the Court from among the at-large members will be used to fill the vacancy in the new
7th Appellate Judicial Circuit (Chapter 581, Acts of 1994)