Orphans Court of Baltimore City, Maryland

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The Orphans Court of Baltimore City resides in Maryland. Click on the links below to learn more about the court's...

Jurisdiction

This court holds the following jurisdiction:[1]

“ The Orphans’ Court presides over the administration of the estates of people who have died — with or without a Will — while owning property in their sole name. In addition, they have jurisdiction to appoint guardians of the person, and to protect the estates of unemancipated minors (minors who remain under parental authority). Three Orphans' Court judges sit in the City of Baltimore and each of Maryland's counties, except Harford, Howard, and Montgomery where circuit court judges sit as Orphans' Court Judges. An appeal from an orphans’ court generally may be to a circuit court, where the matter is tried de novo or “as new” before a judge or, if appropriate, a jury, or to the Appellate Court of Maryland, where the matter is heard “as is” or on the record.[2] ”

Judges


Office Name Party Date assumed office
Orphans Court of Baltimore City Charles Bernstein Democratic December 1, 2014
Orphans Court of Baltimore City Lewyn Scott Garrett Democratic 1995
Orphans Court of Baltimore City Michele E. Loewenthal Democratic July 25, 2011


Elections

Maryland is one of 43 states that hold elections for judicial positions. To learn more about judicial selection in Maryland, click here.

Selection method

See also: Judicial selection in the states
See also: Partisan election of judges

Judges of the Maryland Orphans' Court are selected in partisan elections (except in the counties of Harford and Montgomery, where circuit court judges are assigned to serve on the orphans' court). They run for re-election every four years.[3]

Judicial elections in Maryland

See also: Maryland judicial elections

Maryland is one of eight states that use retention elections to determine whether judges should remain on the bench without using another type of election as an initial selection method. To read more about how states use judicial elections to select judges across the country, click here.

Primary election

Circuit and orphans' court judges compete in a partisan primary for the Republican and/or Democratic nomination. Candidates may cross-file with both parties. The candidates who receive the most votes from each primary advance to the general election to compete against each other, as well as any minor party or independent candidates.[4][5]

An example of the elections process for the circuit courts provided by the Maryland State Board of Elections:

“
  • In Circuit X, there are two incumbent judges who must stand for election. They are candidates A and B, a Democrat and Republican respectively. They both file Certificates of Candidacy to appear on both the Democratic and Republican Primary ballots. Candidate C, a Democrat and qualified member of the Bar also files a Certificate of Candidacy to appear on both the Democratic and Republican primary ballots.
  • In the primary election, the Democratic Party selects candidates A and C (i.e. those two candidates received the most votes) and the Republican Party selects candidates A and B.
  • In the general election candidates A, B, and C all will appear on the ballot since they each won one or both of the primary elections in which they appeared on the ballot.
  • On the general election ballot, in addition to candidates A, B, and C, candidate D will also appear on the ballot. Candidate D is a member of the Green Party and a qualified member of the Bar and received the Green Party's nomination.
  • The two candidates who receive the most votes will be elected to office.

[2]

”
—Maryland State Board of Elections[5]

General election

Appellate judges stand for retention in the general election. Trial court judge candidates who advanced from the partisan primary run in the general election without party affiliation.[6]

See also

External links

Footnotes

  1. ↑ Maryland Judiciary, "Maryland’s Judicial System," published May 2023
  2. ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ American Judicature Society, "Methods of Judicial Selection: Maryland; Limited Jurisdiction Courts," archived October 2, 2014
  4. ↑ Maryland State Board of Elections, "Judicial Candidates," accessed April 7, 2014
  5. ↑ 5.0 5.1 Maryland State Board of Elections, "2012 Elections - Circuit Court, Judicial Candidates," accessed June 17, 2014
  6. ↑ Maryland Election Law, "§ 9-210. Arrangement of ballots — Candidates and offices," accessed April 7, 2014

Maryland courts

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


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