Supreme Court
The Maryland Supreme Court is the highest court in the state. In addition to being the court of last resort for the state, the Supreme Court also administers the state’s court system and sets rules and guidelines. It has original jurisdiction in only a few areas and hears most cases on appeal. Until 2022, the Supreme Court was called the Court of Appeals, but a 2022 constitutional amendment changed the name to its current title. The court has seven justices, one from each of the state’s seven appellate judicial districts, which are currently as follows:
- 1st Appellate Judicial District: Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties;
- 2nd Circuit Court of Appeals: Baltimore County and Harford County;
- 3rd Circuit Court of Appeals: Allegany, Carroll, Frederick, Garrett, Howard, and Washington Counties;
- 4th Circuit Court of Appeals: Prince George’s County;
- 5th Judicial Circuit of Appeals: Anne Arundel, Calvert, Charles and St. Mary’s counties;
- 6th Circuit Court of Appeals: Baltimore City;
- 7th Circuit Court of Appeals: Montgomery County.
Court of appeals
In order to reduce the workload of the Supreme Court, the state’s second court, the Court of Appeals was created in 1966 by a constitutional amendment. Except as otherwise provided by law, the Court of Appeals has exclusive appellate jurisdiction over any judgment, decree, order, or other action of the circuit court or orphans’ court that is subject to review, except for appeals in criminal cases in which the death penalty is imposed. It usually reviews cases appealed from district courts. Until 2022, the Court of Appeal was called the Special Court of Appeal, but a 2022 constitutional amendment changed its name to the current one.
Judges of the Court of Appeal have the right to sit in panels of three. A hearing or rehearing of a case en banc, in which all the judges of the Court participate, may be issued in any case by a majority of the sitting judges of the Court. The Court is composed of thirteen judges, one from each of the state’s seven judicial appellate districts and six judges in the liberal courts.
The Supreme Court and Court of Appeals judges are appointed by the governor with the consent of the Senate and the approval of the people for 10-year terms. This system is similar to the Missouri plan, which is used in 11 states for judicial appointments, in that voters have the right to decide whether to retain a judge or not. However, it differs in that the governor’s choice of whom to appoint is not limited to the Judicial Selection Commission, and the state Senate must confirm the nominee before the judge takes office.
District courts
Circuit courts are the highest courts of common law and equity that exercise original jurisdiction in Maryland. Each has all the power and jurisdiction at common law and in equity in all civil and criminal matters in its county or counties, and all additional powers and jurisdiction granted by the Maryland Constitution and by law, except where jurisdiction has been limited or transferred exclusively to another court by law. Circuit courts are trial courts of general jurisdiction. Their jurisdiction is very broad, but usually covers large civil cases and more serious criminal cases. District courts can also decide appeals from the district court and certain administrative agencies. Cases may be tried by jury if the amount in controversy exceeds USD 15,000. Juries are limited to district courts.