Maryland Circuit Court In Banc Decisions Act, Question 2 (2006)
Summary of measure
The Maryland Department of Legislative Services is required by Section 7-105 of the Election Law Article of the Annotated Code of Maryland to provide voters with neutral summaries of ballot questions. For Question 2, that summary was:
| Right of Appeal to the Court of Special Appeals from a Decision of a Circuit Court in Banc
Amends Section 22 of Article IV - Judiciary Department of the Maryland Constitution to provide a direct appeal to the Court of Special Appeals following an in banc review of a circuit court decision to any party that did not request the in banc review; establishes that three circuit court judges constitute a court in banc; provides that the procedure for an appeal to a court in banc shall be provided in the Maryland Rules; and eliminates obsolete provisions pertaining to writs of error.
Under current law, Article IV, Section 22 of the State Constitution grants, with some exceptions, a party the right to appeal the determination of a legal question in a circuit court trial to a three-judge panel, called a court in banc. The decision of the court in banc is considered final and conclusive for the party that requested the review. However, the party that did not request the in banc review may appeal the decision of the circuit court in banc to the State's highest court, the Court of Appeals. Because the Court of Appeals hears cases by granting certiorari, this appeal is discretionary, not automatic or direct.
This constitutional amendment will allow a party that did not request an in banc review of a circuit court decision to appeal an adverse ruling of the court in banc directly to the State's intermediate appellate court, the Court of Special Appeals. This constitutional amendment also establishes that three judges of a circuit court constitute a court in banc, repeals the authority of circuit courts to determine the procedure for an appeal to a court in banc and instead establishes that the Maryland Rules shall provide the procedure for such an appeal, and eliminates obsolete provisions pertaining to writs of error.
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