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Impact of Form on Substance: Court Reform and the Work of the Maryland Court of Appeals

NCJ Number
138374
Journal
Justice System Journal Volume: 15 Issue: 3 Dated: (1992) Pages: 765-781
Author(s)
M C Tolley
Date Published
1992
Length
17 pages
Annotation
The impact of structural changes on the work of the Maryland Court of Appeals was examined using data on caseloads, case types, case dispositions, decisionmaking processes, and characteristics of written opinions during 5- year periods selected from each of four developmental stages in the court.
Abstract
The data covered 1935-39, 1960-64, 1970-74, and 1982- 86. The most significant of the reforms was the 1944 State constitutional amendment that reduced the number of judges to five and made the court a full-time appellate body. Two new judgeships were added in 1961, and in 1967, an intermediate court of appeals was created. In 1975, a system of certiorari was adopted. The analysis of the impacts revealed that changes in form affect changes in substance, including the number and type of cases heard; the rates of affirmation, reversal, and dissent; and the style of written opinions as indicated by length and citation style. Findings also indicated that because the structural and jurisdictional changes did not compel State court activitism in Maryland, other factors such as legal norms and political culture are involved.

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