Become part of the movement for unbiased, accessible election information. Donate today.
Judicial selection in Maryland
| Judicial selection in Maryland | |
 | |
| Maryland Supreme Court | |
| Method: | Assisted appointment |
| Term: | 10 years |
| Maryland Court of Appeals | |
| Method: | Assisted appointment |
| Term: | 10 years |
| Maryland Circuit Court | |
| Method: | Assisted appointment |
| Term: | 15 years |
| Maryland District Court | |
| Method: | Assisted appointment |
| Term: | 10 years |
| Maryland Orphans' Court | |
| Method: | Partisan election |
| Term: | 4 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Maryland, including:
- Maryland Supreme Court,
- Appellate Court of Maryland,
- Maryland Circuit Courts, and
- Limited jurisdiction courts
As of April 2023, judges for all courts in the state except the Maryland Circuit Courts and Maryland Orphans' Court were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Judges of the Maryland Circuit Court were also selected through the assisted appointment method, but the court also used nonpartisan elections.[1] Judges of the Maryland Orphans' Court are selected in partisan elections.
Click here to notify us of changes to judicial selection methods in this state.
Maryland Supreme Court
- See also: Maryland Supreme Court
The seven judges of the Maryland Supreme Court 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.[1][2]
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.[1]
The court's name changed from the Maryland Court of Appeals to the Maryland Supreme Court, following a ballot initiative that voters approved in November 2022.[3]
Qualifications
To serve on this court, 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).[1]
Chief justice
The chief justice of the court is designated by the governor to serve indefinite terms.[1]
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.[1]
The map below highlights how vacancies are filled in state supreme courts across the country.
Appellate Court of Maryland
- See also: Appellate Court of 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.[1][2]
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.[1]
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.[3]
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).[1]
Chief judge
The chief judge of the court is designated by the governor to serve indefinite terms.[1]
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.[1]
Maryland Circuit Courts
- See also: Maryland Circuit Courts
The judges of the eight Maryland Circuit Courts 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, but unlike the appellate court judges, circuit court judges do not need to be confirmed by the Maryland State Senate.[1][2]
Circuit judges serve for one year, after which they must run in nonpartisan elections if they wish to remain on the court.[4] If re-elected, they serve a term of 15 years.[1]
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).[1]
Chief judge
The circuit court does not have a chief judge. Each circuit has a circuit administrative judge to perform administrative duties for their court. They are appointed by the chief judge of the supreme court.[5]
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 must stand for election in the first general election at least one year after the vacancy. If the appointee wins the election, they will serve a 15-year term.[1]
Limited jurisdiction courts
Maryland has two types of limited jurisdiction courts: district courts and orphans' courts.
Maryland District Courts
Judges of the Maryland District Courts, like those of the appellate courts, are appointed by the governor from a list of names submitted by a nominating commission. They are also subject to confirmation by the Maryland State Senate. At the end of their term, a judge must be reappointed by the governor to retain their seat. Judges serve 10-year terms.[6][7]
Maryland Orphans' Court
Judges of the Maryland Orphans' Court are selected in partisan elections (except in Harford, Howard, and Montgomery counties, where circuit judges are assigned to serve on the orphans' court). In 2022, Maryland voters passed a ballot measure that requires Howard County circuit court judges to also serve as orphans' court judges. It also removed the election requirement of three orphans' court judges in Howard County from the state constitution. All other judges must run for re-election to retain their seats for a four-year term.[6]
History
Below is a timeline noting changes to judicial selection methods in Maryland, from the most to least recent:
- 2022: The name of the Maryland Court of Appeals changed to the Maryland Supreme Court, following a ballot initiative that voters approved in November 2022. The Maryland Court of Special Appeals also became the Appellate Court of Maryland.
- 1976: Appellate judges began competing in uncontested retention elections rather than contested elections to retain their seats. Their term lengths were reduced from 15 to 10 years.
- 1971: The Maryland District Court was created through the consolidation of the trial magistrates, people's courts, and municipal courts.
- 1970: Per gubernatorial order of Marvin Mandel (D), judicial nominating commissions were first established to aid in appointing state judges.
- 1966: The Maryland Court of Special Appeals was created.
- 1941: Judicial elections were made nonpartisan.
- 1864: Judges' term lengths were increased from 10 to 15 years.
- 1851: Judges' term lengths were reduced from life to 10 years, and they were to be elected by popular vote.
- 1837: The executive council was abolished, and judicial appointments began requiring Senate confirmation.
- 1776: All judges were to be appointed for life by the governor with the consent of an executive council.[8]
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[9]
Courts in Maryland
In Maryland there is one federal district court, two appellate courts (one of which serves as the state supreme court), and two trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Maryland's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[10] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 National Center for State Courts, "Methods of Judicial Selection: Maryland," accessed August 16, 2021
- ↑ 2.0 2.1 2.2 Maryland Manual Online, APPELLATE COURTS JUDICIAL NOMINATING COMMISSION," February 28, 2020
- ↑ 3.0 3.1 CBS Baltimore, "The Court of Appeals of Maryland is now the Supreme Court of Maryland," December 14, 2022
- ↑ Maryland State Board of Elections, "Judicial Elections," accessed January 19, 2015
- ↑ Maryland.gov, "Circuit courts," accessed April 3, 2023
- ↑ 6.0 6.1 National Center for State Courts, "Methods of Judicial Selection: Maryland, Limited Jurisdiction Courts," accessed August 17, 2021
- ↑ Maryland State Archives, "District Courts," accessed July 24, 2014
- ↑ American Judicature Society, "History of Reform Efforts: Maryland," archived October 27, 2010
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: District of Maryland • U.S. Bankruptcy Court: District of Maryland
State courts:
Maryland Supreme Court • Appellate Court of Maryland • Maryland District Courts • Maryland Circuit Courts • Maryland Orphans' Court
State resources:
Courts in Maryland • Maryland judicial elections • Judicial selection in Maryland
