Maryland Constitution Article IV - Judiciary Department
Maryland Constitution – Article IV: Judiciary Department
This article establishes the judicial branch of Maryland’s government, defining the structure, powers, and responsibilities of the courts and judicial officers. Here's a section-by-section overview of the main components:
1. Judicial Power and Structure
Judicial power in Maryland is vested in:
The Court of Appeals (highest court)
The Appellate Court of Maryland (intermediate appellate court, formerly Court of Special Appeals)
Circuit Courts
District Courts
Orphans' Courts (probate and estate matters)
Other courts established by the General Assembly
2. Court of Appeals
Composed of seven judges.
Judges are appointed by the Governor, subject to Senate confirmation, then must stand for retention election.
Has appellate jurisdiction over cases of major public importance.
Appoints a Chief Judge of the Court of Appeals.
3. Appellate Court of Maryland
Intermediate appeals court.
Judges appointed like those of the Court of Appeals.
Reviews decisions from Circuit Courts and certain state agencies.
4. Circuit Courts
Trial courts of general jurisdiction.
Handle major civil cases, serious criminal cases, and appeals from District Courts.
Judges are elected to 15-year terms.
5. District Courts
Limited jurisdiction courts (e.g., misdemeanors, traffic violations, small claims).
No jury trials.
Judges are appointed by the Governor to 10-year terms.
6. Orphans’ Courts
Handle probate, wills, and estates.
Judges may be elected or appointed depending on the county.
Some counties (like Montgomery and Harford) do not have Orphans’ Courts—Circuit Court judges handle those matters instead.
7. Judicial Qualifications and Discipline
Judges must be U.S. citizens, Maryland residents, and have practiced law for at least 5 years.
Mandatory retirement age: 70 years.
Judges can be disciplined or removed by:
The Commission on Judicial Disabilities
The General Assembly (by impeachment)
8. Judicial Conduct and Ethics
Judges must maintain integrity, impartiality, and independence.
Specific rules govern conflicts of interest and behavior both on and off the bench.
9. Administrative Functions
The Chief Judge of the Court of Appeals serves as the administrative head of the state’s judiciary.
A State Court Administrator helps manage operations.
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