![[Seal, Court of Appeals]](/msa/mdmanual/29ap/images/apseal.jpg)
Functions of the Court of Appeals began in the colonial period. Then, the Upper House of Maryland's Assembly consisted of the Governor and Council, who, in 1664, first reviewed writs of error appealing judgments of the Provincial Court. In 1694, the Governor and Council were authorized by statute to consider appeals from the Provincial Court (Chapter 18, Acts of 1694). The four-member court of Governor and Council first sat in May 1695 in Annapolis.
![[photo, Robert C. Murphy Courts of Appeal Building, 361 Rowe Blvd., Annapolis, Maryland]](/msa/mdmanual/29ap/images/1198-1-1362.jpg)
As the highest tribunal in Maryland, the Court of Appeals was created by the Constitution of 1776 (Art. 56). 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 Council advice and consent, the Governor appointed all judges (Art. 48). Five judges were commissioned in 1778, and that number reduced to three in 1801.
Robert C. Murphy Courts of Appeal Building, 361 Rowe Blvd., Annapolis, Maryland, June 2006. Photo by Diane F. Evartt.
The State was reorganized into four judicial districts by the Constitution of 1851. 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 (Art. IV, secs. 2, 4). Five judges, each elected from one of five judicial districts, were prescribed by the Constitution of 1864 (Art. IV, sec. 17).
The Constitution of 1867 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 (Art. IV, sec. 14).
Judicial reorganization in 1943 provided for a five-member Court of Appeals elected for terms of fifteen years (Chapter 772, Acts of 1943, ratified Nov. 1944). The five judges included two from Baltimore City and one each from three appellate judicial circuits. The 1st Appellate Judicial Circuit covered the Eastern Shore - Cecil, Kent, Queen Anne's, Caroline, Talbot, Dorchester, Wicomico, Worcester and Somerset counties. The 2nd Appellate Judicial Circuit included central and southern Maryland - Harford, Baltimore, Anne Arundel, Prince George's, Charles, Calvert and St. Mary's counties. The 3rd Appellate Judicial Circuit was for north and western Maryland - Carroll, Howard, Montgomery, Frederick, Washington, Allegany and Garrett counties. In 1960, the number of judges was increased to the present-day seven (Chapter 11, Acts of 1960, ratified Nov. 1960).
![[photo, Robert C. Murphy Courts of Appeal Building, 361 Rowe Blvd., Annapolis, Maryland]](/msa/mdmanual/29ap/images/1198-1-06176b.jpg)
The Court of Appeals hears cases almost exclusively by way of certiorari (i.e., on review). The Court may review a case decided by the Court of Special Appeals or may bring up for review cases filed in that court before they are decided there. The Court of Appeals also may review certain decisions rendered by the Circuit Court if that court acted in an appellate capacity with respect to an appeal from the District Court. The Court may adopt rules of judicial administration, practice, and procedure which have the force of law. It also reviews recommendations of the State Board of Law Examiners and conducts disciplinary proceedings involving members of the bench and bar.
Robert C. Murphy Courts of Appeal Building, 361 Rowe Blvd., Annapolis, Maryland, April 2013. Photo by Diane F. Evartt.
The Court of Appeals is composed of seven judges, one from each of the seven Appellate Judicial Circuits. After initial appointment by the Governor and confirmation by the Senate, members of the Court run for office on their records without opposition. If the voters reject the retention in office of a judge, or the vote is tied, the office becomes vacant. Otherwise, the incumbent judge is retained in office for a ten-year term. The Chief Judge of the Court of Appeals, designated by the Governor, is the constitutional administrative head of the Maryland judicial system (Const., Art. IV, secs. 5A, 18(b)).
![[photo, Robert C. Murphy Courts of Appeal Building, 361 Rowe Blvd., Annapolis, Maryland]](/msa/mdmanual/29ap/images/1198-1-07001c.jpg)
APPELLATE JUDICIAL CIRCUITS
1st Appellate Judicial Circuit: Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico & Worcester counties
2nd Appellate Judicial Circuit: Baltimore County & Harford County
3rd Appellate Judicial Circuit: Allegany, Carroll, Frederick, Garrett, Howard & Washington counties
4th Appellate Judicial Circuit: Prince George's County
5th Appellate Judicial Circuit: Anne Arundel, Calvert, Charles & St. Mary's counties
6th Appellate Judicial Circuit: Baltimore City
7th Appellate Judicial Circuit: Montgomery County
Robert C. Murphy Courts of Appeal Building, 361 Rowe Blvd., Annapolis, Maryland, April 2015. Photo by Diane F. Evartt.
The Clerk is appointed by the Court (Const., Art. IV, sec. 17).
© Copyright May 19, 2015 Maryland State Archives