Maryland Court of Appeals - History

History

As the highest tribunal in Maryland, the Court of Appeals was created by Article 56 of the Maryland Constitution of 1776. The Court was to be "composed of persons of integrity and sound judgment in the law, whose judgment shall be final and conclusive in all cases of appeal, from the general court, court of chancery, and court of admiralty . . ." With counsel, advice and consent, the Governor appointed all of the judges. Five judges were commissioned in 1778, but that number was reduced to three in 1801. The Court was restructured in 1806 by dividing the State into six judicial districts with a chief judge and two associate judges for each district appointed by the Governor and Council. Together, these six chief judges constituted the Court of Appeals which began to sit on the Eastern Shore at Easton as well as on the Western Shore at the State capital.

The Maryland Constitution of 1851 divided the State into four judicial districts. Voters of each district elected a judge to the Court of Appeals for a ten-year term. The Court became responsible solely for appellate duties and sat only at Annapolis, whereas before it sat in various locations throughout the State. Five judges, each elected from one of five judicial districts, were prescribed by the Maryland Constitution of 1864.

The Maryland Constitution of 1867 (currently in effect) returned to the older form of requiring Court of Appeals judges to assume trial court and appellate duties. In seven judicial circuits, the Governor, with Senate advice and consent, designated a chief judge. In the eighth judicial circuit (Baltimore City), the voters elected the chief judge. These eight chief judges then constituted the Court of Appeals.

Judicial reorganization in 1943 provided for a five-member Court of Appeals elected for terms of fifteen years. The five judges included two from Baltimore City and one each from three appellate judicial circuits. In 1960, the number of judges was increased to the present-day seven. Until 1994, there was one from each of the first five Appellate Judicial Circuits and two from the Sixth Appellate Judicial Circuit (Baltimore City), but a Constitutional amendment realigned the circuits to create seven circuits with one judge from each. Since 1975, the Court of Appeals has heard cases almost exclusively by way of certiorari. As a result, the Court's formerly excessive workload has been reduced to a more manageable level, thus allowing the Court to devote more time to the most important and far-reaching issues.