Maryland Court of Appeals | |
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Seal of the Maryland Court of Appeals
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Established | 1841 |
Country | Maryland , United States |
Location | Annapolis, Maryland |
Authorized by | Maryland Constitution |
Decisions are appealed to | Supreme Court of the United States |
Website | Official website |
Chief Judge | |
Currently | Mary Ellen Barbera |
Since | July 8, 2013 |
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis. The term of the Court begins the second Monday of September. The Court is unique among American courts in that the judges wear red robes. The Maryland Court of Appeals joins the New York Court of Appeals in being the only two state Supreme Courts to bear the name "Court of Appeals" rather than "Supreme Court".
As Maryland's highest court, the Court of Appeals reviews cases of both major and minor importance. Throughout the year, the Court of Appeals holds hearings on the adoption or amendment of rules of practice and procedure. It also supervises the Attorney Grievance Commission and State Board of Law Examiners in attorney disciplinary and admission matters. The Chief Judge of the Court of Appeals, designated by the Governor, is the constitutional administrative head of the Maryland judicial system.
Cases typically come before the Court of Appeals on a petition for a writ of certiorari to the Court of Special Appeals. The court can decline the petition, and refuse to hear the case, or it can grant the "cert," and hear the appeal. The judges sometimes decide to hear an appeal before the lower appellate court has heard the case. This is known as the Court 'granting certiorari on its own motion', or 'reaching down'. In this instance, the writ of certiorari is issued to the trial court, rather than to the Court of Special Appeals (Maryland's intermediate appellate court, or appellate court of right).
The court does not sit in panels; all seven judges sit on each case (en banc) unless there is a disqualification, in which event a judge from another court, or a retired appellate judge, may be specially assigned to sit in the place of the disqualified judge. In practice, almost all cases are heard by seven judges, though a quorum for the court is five judges.
While it is generally an Appellate court and hears most cases on appeal, the Court of Appeals has exclusive jurisdiction over certain matters, such as legislative redistricting, removal of certain officers, and certification of questions of law. Additionally, it had exclusive jurisdiction in death penalty appeals prior to the abolition of capital punishment in Maryland.