Maryland Question 2
, also known as the Circuit Court In Banc Decisions Act
, was on the November 7, 2006
election ballot in Maryland
as a legislatively-referred constitutional amendment
, where it was approved
Question 2 amended Section 22 of Article IV of the Maryland Constitution, altering several provisions having to do with procedures for appeals to the Maryland Court of Special Appeals.
| Question 2|
| Yes|| 1,090,860|| 77.8%|
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.