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Appellate Court of Maryland

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Robert C. Murphy Court of Appeals Building

The Appellate Court of Maryland is the intermediate appellate court in Maryland. The court was established in 1966 to assist the Maryland Supreme Court with the appellate caseload. It is located in the Robert C. Murphy Courts of Appeal Building in Annapolis, Md. Unless the law states otherwise, the Court of Appeals considers any reviewable judgment, decree, order or other action of the circuit and orphans' courts.[1]

The Maryland Court of Special Appeals became the Appellate Court of Maryland, following a 2022 constitutional amendment that changed the court's name. Prior to 2022, the Maryland Supreme Court was known as the Maryland Court of Appeals.[2]

The Appellate Court of Maryland has exclusive initial appellate jurisdiction to review judgments and orders issued by any of the state's circuit or orphans' courts. The lone exception is cases involving the death penalty; those go straight to the Maryland Supreme Court.[3]

Judges are appointed to serve 10-year terms by the governor of the state and must be confirmed by the Maryland Senate before taking office. At least one year after the appointment, judges must run in a retention election. If a judge is retained, he or she will serve another 10-year term. Maryland mandates that judges retire when they reach the age of 70.[3]

Usually, judges hear and decide cases in three-person panels, although sometimes all 15 judges sit en banc. In February 2010, the Court of Appeals created an alternative dispute resolution division, in which cases are mediated rather than heard before the court. The chief judge of the Court of Appeals is the administrative head of this division. Every civil case filed with the court is first reviewed to see if it has potential to be mediated. When a case is mediated, both sides sit down with an objective third party who guides the parties to a resolution of the case without the need for judicial intervention.[3][4]

  • Published opinions of the Appellate Court of Maryland can be found here.

E. Gregory Wells was designated by Gov. Larry Hogan (R) to serve as the chief judge on February 17, 2022.[5]

 
Appellate Court of Maryland
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   15
Founded:   1966
Location:   Annapolis, Md.
Salary:  Associates: $213,633[6]
Judicial selection
Method:   Assisted appointment with Senate confirmation
Term:   10 years

Judges

The judges of the Appellate Court of Maryland usually sit in panels of three to hear cases. A hearing with the full court is possible, but only on a majority vote of the sitting judges.

Judge Tenure Appointed By

Stephen Hughes Kehoe

April 11, 2024 - Present

Wes Moore

Michael Wilson Reed

March 18, 2014 - Present

Martin O'Malley

Rosalyn Tang

March 3, 2022 - Present

Larry Hogan

Kathryn Grill Graeff

September 2, 2008 - Present

Martin O'Malley

Dan Friedman

2014 - Present

Martin O'Malley

Anne Korbel Albright

April 20, 2022 - Present

Larry Hogan

Stuart R. Berger

2011 - Present

Martin O'Malley

Edward Gregory Wells

March 22, 2019 - Present

Larry Hogan

Terrence Zic

November 10, 2020 - Present

Larry Hogan

Andrea M. Leahy

2014 - Present

Martin O'Malley

Donald E. Beachley

2016 - Present

Larry Hogan

Kevin Arthur

2014 - Present

Martin O'Malley

Laura S. Ripken

January 11, 2021 - Present

Larry Hogan

Douglas R.M. Nazarian

January 1, 2013 - Present

Martin O'Malley

Melanie M. Shaw Geter

2016 - Present

Larry Hogan

Judicial circuits

There are eight judges elected at large and one judge elected from each of the state's seven appellate judicial circuits.[3] The circuits are designated as follows:

Maryland Judicial Circuits

Circuit Counties
1 Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico & Worcester counties
2 Baltimore County & Harford County
3 Allegany, Carroll, Frederick, Garrett, Howard & Washington counties
4 Prince George's County
5 Anne Arundel, Calvert, Charles & St. Mary's counties
6 Baltimore City
7 Montgomery County

Judicial selection

See also: Judicial selection in Maryland

The 15 judges of the Appellate Court of Maryland are selected through the assisted appointment method. The Maryland Judicial Nominating Commission is responsible for screening candidates and submitting a shortlist to the governor. This commission consists of 17 members appointed by the governor and the Maryland State Bar Association. The governor must appoint a judge from the commission's shortlist and the appointee must then be confirmed by the Maryland State Senate.[7][8]

After serving for one year, judges must stand for retention in the next general election if they wish to remain on the court. If retained, a judge wins a full ten-year term.[7]

The court's name changed from the Maryland Court of Special Appeals to the Appellate Court of Maryland, following a ballot initiative that voters approved in November 2022.[2]

Qualifications

To join either of these courts, a judge must be:

  • a U.S. and state citizen;
  • a registered state voter;
  • a state resident for at least five years;
  • a resident of the geographic area where the vacancy exists for at least six months;
  • a state bar member;
  • at least 30 years old; and
  • under the age of 70 (retirement at 70 is mandatory).[7]

Chief judge

The chief judge of the court is designated by the governor to serve indefinite terms.[7]

Vacancies

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention at the next general election. If retained, a judge wins a full term of ten years.[7]

Salary

In 2024, the associate judges of the court received a salary of $213,633, according to the National Center for State Courts.[9]

Elections

2024

See also: Maryland intermediate appellate court elections, 2024

The terms of five Maryland intermediate appellate court judges expired on December 31, 2024. The five seats were up for retention election on November 5, 2024. The filing deadline was August 5, 2024.

Judges with expiring terms

At-large seats

Anne Korbel Albright was retained to the Appellate Court of Maryland on November 5, 2024 with 83.5% of the vote.

Retention

Vote

%

Votes

Yes

 

83.5

1,808,310

No

 

16.5

357,936

Total Votes

2,166,246

Kevin Arthur was retained to the Appellate Court of Maryland on November 5, 2024 with 81.8% of the vote.

Retention

Vote

%

Votes

Yes

 

81.8

1,743,662

No

 

18.2

388,858

Total Votes

2,132,520

Andrea M. Leahy was retained to the Appellate Court of Maryland on November 5, 2024 with 83.6% of the vote.

Retention

Vote

%

Votes

Yes

 

83.6

1,781,646

No

 

16.4

350,605

Total Votes

2,132,251

1st Appellate Circuit

Stephen Hughes Kehoe was retained to the Appellate Court of Maryland 1st Appellate Circuit on November 5, 2024 with 80.5% of the vote.

Retention

Vote

%

Votes

Yes

 

80.5

149,649

No

 

19.5

36,345

Total Votes

185,994

2nd Appellate Circuit

Douglas R.M. Nazarian was retained to the Appellate Court of Maryland 2nd Appellate Circuit on November 5, 2024 with 76.2% of the vote.

Retention

Vote

%

Votes

Yes

 

76.2

306,359

No

 

23.8

95,793

Total Votes

402,152

6th Appellate Circuit

Michael Wilson Reed was retained to the Appellate Court of Maryland 6th Appellate Circuit on November 5, 2024 with 85.8% of the vote.

Retention

Vote

%

Votes

Yes

 

85.8

123,410

No

 

14.2

20,508

Total Votes

143,918

2022

See also: Maryland intermediate appellate court elections, 2022

The terms of four Maryland intermediate appellate court judges expired on December 31, 2022. The four seats were up for retention election on November 8, 2022.

Candidates and election results

At-large

Berger's seat

Stuart R. Berger was retained to the Maryland Court of Special Appeals At-large (Historical) on November 8, 2022 with 83.9% of the vote.

Retention

Vote

%

Votes

Yes

 

83.9

1,334,334

No

 

16.1

255,135

Total Votes

1,589,469

Zic's seat

Terrence Zic was retained to the Maryland Court of Special Appeals At-large (Historical) on November 8, 2022 with 82.9% of the vote.

Retention

Vote

%

Votes

Yes

 

82.9

1,295,068

No

 

17.1

267,890

Total Votes

1,562,958

5th Appellate Circuit

Ripken's seat

Laura S. Ripken was retained to the Maryland Court of Special Appeals 5th Appellate Circuit (Historical) on November 8, 2022 with 85.2% of the vote.

Retention

Vote

%

Votes

Yes

 

85.2

238,254

No

 

14.8

41,418

Total Votes

279,672

7th Appellate Circuit

Tang's seat

Rosalyn Tang was retained to the Maryland Court of Special Appeals 7th Appellate Circuit (Historical) on November 8, 2022 with 88.7% of the vote.

Retention

Vote

%

Votes

Yes

 

88.7

232,834

No

 

11.3

29,598

Total Votes

262,432

2020

See also: Maryland intermediate appellate court elections, 2020
This is a list of the justices who had to stand for retention election in 2020 in order to remain on the bench. Justices could choose not to stand for election.

Candidates and results

At-large seat

Well's seat

General election candidates

1st Appellate Circuit

Kehoe's seat

General election candidates

3rd Appellate Circuit

Graeff's seat

General election candidates

7th Appellate Circuit

Gould's seat

General election candidates

2018

See also: Maryland intermediate appellate court elections, 2018

Candidates and results

At-large District

Beachley's seat

General election candidates

Fader's seat

General election candidates

Fourth District

Geter's seat

General election candidates

2016

Judges who faced retention

Timothy Meredith Green check mark transparent.png
Patrick Woodward Green check mark transparent.png
Dan Friedman Green check mark transparent.png

Election results

November 8 general election

Timothy Meredith was retained in the Maryland Court of Special Appeals, Meredith's Seat election with 80.15% of the vote.

Maryland Court of Special Appeals, Meredith's Seat, 2016
Name Yes votes
Green check mark transparent.pngTimothy Meredith80.15%
Source: Maryland State Board of Elections

Patrick Woodward was retained in the Maryland Court of Special Appeals, Woodward's Seat election with 87.69% of the vote.

Maryland Court of Special Appeals, Woodward's Seat, 2016
Name Yes votes
Green check mark transparent.pngPatrick Woodward87.69%
Source: Maryland State Board of Elections

Dan Friedman was retained in the Maryland Court of Special Appeals, Friedman's Seat election with 82.85% of the vote.

Maryland Court of Special Appeals, Friedman's Seat, 2016
Name Yes votes
Green check mark transparent.pngDan Friedman82.85%
Source: Maryland State Board of Elections

2014

Retention

JudgeElection Vote
Michael Wilson Reed87.8% Approved
Douglas R. M. Nazarian79.3% Approved

Retention

JudgeElection Vote
Kevin Francis Arthur84.8% Approved
Andrea M. Leahy-Fucheck85.8% Approved
2012
CandidateIncumbencyPositionPrimary VoteElection Vote
Michele D. Hotten   ApprovedYes   Approved
Shirley Marie Watts   ApprovedYes   Approved
Stuart R. Berger   ApprovedYesAt-large   Approved

Ethics

The Maryland Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Maryland. It is composed of four sections containing rules and guidance on how to interpret the rules:

  • Section 1: "Rules Governing Judicial Integrity and the Avoidance of Impropriety (Rules 1.1 through 1.3)"
  • Section 2: "Rules Governing the Performance of Judicial Duties (Rules 2.1 through 2.16)"
  • Section 3: "Rules Governing Non-Judicial Activities (Rules 3.1 through 3.15)"
  • Section 4: "Rules Governing Political Activity (Rules 4.1 through 4.6)"[10]

The full text of the Maryland Code of Judicial Conduct can be found here.

Removal of judges

There are four processes for taking judges in Maryland off the bench:

  • Removal by the governor, who must address the general assembly and secure the concurrence of two thirds of the members of each house.
  • Retirement by the general assembly, after a two-thirds vote of each house and the governor's concurrence.
  • Impeachment by a majority of the house of delegates, plus conviction by two thirds of the senate.
  • Removal or retirement by the court of appeals on the recommendation of the commission on judicial disabilities.[11]

History

The Appellate Court of Maryland is the modern-day equivalent of the Maryland General Court, which was formed during the Revolutionary War. That court heard appeals from county courts in Maryland and served as an intermediate court. There were two sections of the court, the Western Shore and the Eastern Shore, that split the caseload by geography.[12]

Upon the abolition of the General Court in 1806, however, the only appellate court in Maryland was the Maryland Supreme Court, the court of last resort. There was no intermediate appellate court. In 1966, the Maryland Legislature created the Court of Appeals as an intermediate appellate court to help with the Maryland Supreme Court's caseload.[3]

Budget

In 2014, the Court of Appeals spent $9,937,230. Its anticipated 2015 expenditures totaled $10,535,044.[13]

State profile

Demographic data for Maryland
 MarylandU.S.
Total population:5,994,983316,515,021
Land area (sq mi):9,7073,531,905
Race and ethnicity**
White:57.6%73.6%
Black/African American:29.5%12.6%
Asian:6%5.1%
Native American:0.3%0.8%
Pacific Islander:0%0.2%
Two or more:3%3%
Hispanic/Latino:9%17.1%
Education
High school graduation rate:89.4%86.7%
College graduation rate:37.9%29.8%
Income
Median household income:$74,551$53,889
Persons below poverty level:10.7%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Maryland.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Maryland

Maryland voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.

More Maryland coverage on Ballotpedia

See also

Maryland Judicial Selection More Courts

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Courts in Maryland Maryland Supreme Court Maryland Court of Appeals Elections: 202520242023202220212020201920182017 Gubernatorial appointments Judicial selection in Maryland Federal courts State courts Local courts

External links

Footnotes

  1. Maryland Manual, "Maryland Court of Special Appeals," accessed April 21, 2015
  2. 2.0 2.1 CBS News, "The Court of Appeals of Maryland is now the Supreme Court of Maryland," December 14, 2022 Cite error: Invalid <ref> tag; name "change" defined multiple times with different content
  3. 3.0 3.1 3.2 3.3 3.4 Maryland Manual, "Court of Special Appeals: Origins and Functions," accessed April 21, 2015
  4. Maryland Courts, "Court of Special Appeals," accessed April 21, 2015
  5. The Office of Governor Larry Hogan, "Governor Hogan Announces Nine Judicial Appointments, Historic Nominees For Maryland’s Appellate Courts," accessed May 16, 2022
  6. The salary of the chief judge may be higher than an associate judge.
  7. 7.0 7.1 7.2 7.3 7.4 National Center for State Courts, "Methods of Judicial Selection: Maryland," accessed August 16, 2021
  8. Maryland Manual Online, APPELLATE COURTS JUDICIAL NOMINATING COMMISSION," February 28, 2020
  9. National Center for State Courts, "2024 Salaries and Rankings," accessed October 7, 2024
  10. Maryland Courts, "Maryland Code of Judicial Conduct 2010," accessed June 13, 2015
  11. American Judicature Society, "Methods of Judicial Selection: Maryland, Removal of Judges," accessed June 13, 2015
  12. Maryland Manual, "Court of Special Appeals: Historical Evolution," accessed April 21, 2015
  13. Maryland Manual, "Court of Special Appeals: Budget," accessed April 21, 2015