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Supreme Court of Maryland

The Supreme Court of Maryland is Maryland’s highest court. For most of its 200+ years, it was called the Maryland Court of Appeals. The Court was originally created by the Maryland Constitution of 1776 and is located in Annapolis, the state capital. The court’s origins go back to 1694 when royal governor Francis Nicholson first established the Court of Appeals, our state’s “supreme court.”

The court’s term typically runs from September through June, during which time it hears oral arguments and issues decisions. The justices conduct their work in the Robert C. Murphy Courts of Appeal Building in Annapolis, Maryland.

One notable tradition of the Maryland Supreme Court is its attire. Unlike most other American courts, justices on the Maryland Supreme Court wear red robes with white cross-collars, reminiscent of British court dress.

How the Maryland Supreme Court Works

Maryland’s highest court hears cases almost exclusively by certiorari, a discretionary review process. In other words, it only considers cases that it believes have issues worth addressing. If the court does not believe an issue needs further consideration or analysis, it will deny certiorari and refuse to hear the case.

A petition for writ of certiorari filed in the Maryland Supreme Court seeking the court to overrule a decision of the Appellate Court of Maryland (f/k/a the “Court of Special Appeals”) must be submitted no later than 15 days from the date of the order of the Court of Special Appeals. Occasionally, the Supreme Court will snag an appeal directly from a Circuit Court and bypass the intermediate appellate court. This happened to us in one of our cases. But it is rare.

In addition to its appellate jurisdiction, the Maryland Supreme Court has original jurisdiction over certain types of cases:

Adopt Rules

The Maryland Supreme Court has significant rule-making authority. It is responsible for promulgating rules and regulations governing the practice and procedure of law in Maryland’s courts.

This includes rules related to court administration, attorney conduct, and judicial ethics.

The most notable example of this is Maryland Rules which sets forth the rules of practice and procedure for Maryland state courts.

Discipline Lawyers

The Maryland Supreme Court also supervises the exercise of the disciplinary and reinstatement powers of the local courts, as the Supreme Court has original and complete jurisdiction over attorney discipline matters. A court must insist upon the maintenance of the integrity of the Bar and prevent the transgressions of an individual lawyer from bringing its image into disrepute.

Death Penalty

This high court had exclusive jurisdiction over death penalty appeals (a thing of the past), lawsuits involving redistricting/gerrymandering, issuing advisory opinions to federal courts, and the removal of elected officials.

Who Is on the Maryland Supreme Court?

The Maryland Supreme Court consists of seven justices, including the Chief Justice. Each justice is appointed by the Governor of Maryland and must be confirmed by the Maryland Senate.

This is the current makeup of the Maryland Supreme Court in 2024 the year they were appointed:

There is currently a vacancy in the 4th Appellate Judicial Circuit due to the retirement of Justice Michele D. Hotten in April 2024

Although the judge of the Maryland Supreme Court are appointed by the Governor, they are subject to approval voting every few years. This is an odd system where voters confirm whether nominated judges should continue on the bench by a yes or no vote. No Supreme Court justice in Maryland has ever been voted out by this process.

The Maryland Supreme Court judges have traditionally (and remarkably) been very nonpartisan, nonpolitical judges. Governors Ehrlich, O’Malley, and Hogan all seemed to set party affiliation aside and select the most qualified judge. This has resulted in a court that traditionally avoids judicial activism or decisions that appear to have strong political motivations.

It is the opposite of the U.S. Supreme Court where political affiliation tells you almost everything about how a justice will vote. Dissenting opinions are not infrequent on the Maryland Supreme Court. But they are never personal attacks on the majority opinion. Our lawyers get frustrated with the court because it is sometimes stuck in the 19th century. But we have honest people trying to make the best calls they can. Marylanders should be proud of their court.

As we talk about more below, one thing that surprises people about the Maryland Supreme Court is that, unlike the U.S. Supreme Court, retired judges often stay on the bench. It is an odd rule that allows retired judges to be recalled into service on the court. So you will regularly see retired judges coming back and deciding cases, particularly Judge Alan Wilner, Judge Sally Adkins, and Judge Lynne A. Battaglia.

Renaming the Court of Appeals

The Maryland Supreme Court is relatively new to its current name. For over 200 years, this court was known as the Maryland Court of Appeals. This naming made Maryland somewhat unique, as almost all other states name their highest appellate court the “Supreme Court.” Maryland and New York were the only states where the highest appellate court was not named the Supreme Court.

This created confusion, especially since the lower appellate court in Maryland was called the Court of Special Appeals. The names often left people, particularly those outside Maryland, unclear about which court was the highest.

The persistent confusion led the state legislature to propose an amendment to the state constitution to rename the courts. The legislature strongly supported the change. The bill to place the renaming amendment on the 2022 ballot passed the Maryland Senate with a vote of 40-7. The House of Delegates followed suit, passing it by a decisive margin of 125-10.

In the 2022 election, Maryland voters approved the constitutional amendment, renaming the Court of Appeals the Maryland Supreme Court and the Court of Special Appeals the Appellate Court of Maryland.

This change aimed to clarify the hierarchy of the courts and align Maryland’s terminology with the majority of other states, thus reducing confusion both within and outside the state.

Retired Judges Coming Back

In the Maryland Supreme Court, retired judges have the opportunity to return to service as “senior judges” under certain conditions.
These judges must not have been removed or involuntarily retired from the bench, left due to disability, lost an election, failed to gain Senate confirmation, or been censured by the court. Additionally, they must not engage in the practice of law after retirement.
Senior judges are appointed by the Chief Justice of the Maryland Supreme Court and can be assigned to hear cases, assist with caseloads, and perform other judicial duties as needed. They serve renewable three-year terms and can work in various courts within the state, including circuit and district courts. This system leverages the experience of retired judges to help manage the court’s workload effectively.

The system is shocking if our compare it to the U.S. Supreme Court. Justices are appointed for life, and there is no system for them to return to the bench once they retire. Unlike lower federal court judges who can take “senior status” and handle reduced caseloads, retired U.S. Supreme Court justices do not have this option. Once retired, they no longer participate in the decision-making process of the court. Retired justices may remain involved in public speaking, writing, teaching, or serving on special commissions, but they do not return to hear cases or perform judicial duties in an official capacity.

Often major 4-3 rulings involve one or more retired judges who return to the court. Retired judges give Maryland a very deep bench of knowledge and experience. But whether there is wisdom in having an inconsistent court is another question that is harder to answer. In the past, there were too many obstacles in getting opinions back from the court.

Frequently Asked Questions

Below are some of the more frequently asked questions about Maryland’s appellate courts.

How Many Appellate Court Levels Does Maryland Have?

Maryland has two appellate court levels comprised of a lower appellate court (in which all cases can be appealed by right) and a higher appellate court (which cases are heard on petition for certiorari). Maryland’s lower appellate court is now called the Appellate Court of Maryland (f/k/a the Court of Special Appeals) and the higher court is the Maryland Supreme Court.

How Many Judges Are on the Maryland Supreme Court?

Maryland’s Supreme Court is comprised of seven judges (now called “justices”). One of the seven judges acts as “chief judge” and maintains administrative control over the functioning of the court. Cases are decided by a majority vote of the judges.

How Are Judges Appointed to Maryland’s Supreme Court?

Judges to Maryland’s Supreme Court are nominated for appointment by the Maryland Governor. The Maryland State Senate confirms the appointment. The process is very similar to the appointment and confirmation of justices on the U.S. Supreme Court.

Once appointed, judges on the Supreme Court must run for continuation in office by an unopposed election. This is mainly a formality as no appellate judge in Maryland has ever been voted out in their confirmation election.

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