NCJ Number
55019
Date Published
1977
Length
119 pages
Annotation
THIS REPORT, ONE IN A SERIES CONTAINING PROFILES OF NONFEDERAL COURT SYSTEMS, DESCRIBES THE ORGRANIZATION OF STATE COURTS IN MARYLAND.
Abstract
THERE ARE ESSENTIALLY FOUR LEVELS OF COURTS IN THE MARYLAND COURT SYSTEM (ONE COURT AT THE HIGHEST LEVEL, ONE COURT AT THE INTERMEDIATE APPELLATE LEVEL, CIRCUIT COURTS AND COURTS OF THE SUPREME BENCH OF BALTIMORE CITY THAT COMPRISE TRIAL COURTS OF GENERAL JURISDICTION, AND TRIAL COURTS OF LIMITED JURISDICTION THAT INCLUDE THE DISTRICT COURT AND THE ORPHANS COURT). THE COURT OF LAST RESORT IS THE COURT OF APPEALS. IT CAN HEAR CASES DECIDED BY OR PENDING IN THE COURT OF SPECIAL APPEALS AND DECISIONS OF CIRCUIT COURTS IF THESE COURTS HAVE ACTED IN AN APPELLATE CAPACITY WITH RESPECT TO APPEALS FROM COURTS OF LIMITED JURISDICTION. THE COURT OF LAST RESORT ALSO HAS ORIGINAL JURISDICTION TO REVIEW LEGISLATIVE DISTRICTING, TO ORDER REAPPORTIONMENT, AND TO CONSIDER MATTERS DEALING WITH THE SUCCESSION OF THE GOVERNOR. THERE IS A CIRCUIT COURT OF GENERAL TRIAL JURISDICTION IN EACH COUNTY OF THE STATE. THE DISTRICT COURT IS THE COURT OF LIMITED JURISDICTION. ITS ORIGINAL JURISDICTION INCLUDES ALL LANDLORD-TENANT CASES, REPLEVIN ACTIONS, MOTOR VEHICLE VIOLATIONS, CRIMINAL CASES IF THE PENALTY IS LESS THAN 3 YEARS IMPRISONMENT AND/OR DOES NOT EXCEED A FINE OF $2,500, AND CIVIL CASES INVOLVING AMOUNTS UP TO $5,000. THE DISTRICT HAS CONCURRENT JURISDICTION WITH CIRCUIT COURTS IN CIVIL CASES WHERE THE AMOUNT IN CONTROVERSY EXCEEDS $2,500 AND IN CRIMINAL CASES WHERE THE PENALTY IS CONFINEMENT FOR 3 YEARS OR MORE AND/OR A FINE OF $2,500 OR MORE. THERE IS ONE ORPHANS COURT IN EACH COUNTY. PROCEDURES PERTAINING TO THE FOLLOWING AREAS HAVE BEEN ESTABLISHED: THE QUALIFICATIONS, SELECTION, AND TERM OF THE JUDICIARY; THE DISCIPLINE AND REMOVAL OF JUDGES; RETIREMENT AGE AND ACTIVE SERVICE; COMPENSATION; CONTINUING EDUCATION; AND THE USE OF JUDICIAL OFFICERS. THE CHIEF JUDGE OF THE COURT OF APPEALS IS THE ADMINISTRATIVE HEAD OF THE MARYLAND JUDICIAL SYSTEM. THERE IS NO CENTRALIZED PERSONNEL SYSTEM FOR THE JUDICIAL BRANCH. THE DETAILED PROFILE OF THE COURT SYSTEM CONCERNS STANDARDS DEALING WITH THE UNIFIED COURT SYSTEM, COMPETENT AND INDEPENDENT JUDGES, RULEMAKING AND ADMINISTRATION, COURT ADMINISTRATIVE SERVICES, COURT FINANCING AND BUDGETING, AND COURT RECORDS AND INFORMATION SYSTEMS. SOURCES OF INFORMATION USED TO PREPARE THE PROFILE ARE LISTED. ORGANIZATIONAL CHARTS OF THE COURT SYSTEM ARE INCLUDED. DATA ON SIMILARITIES BETWEEN THE MARYLAND COURT SYSTEM AND AMERICAN BAR ASSOCIATION STANDARDS RELATING TO COURT ORGANIZATION ARE PROVIDED. (DEP)