![[photo, Anne Arundel County Courthouse, Church Circle, Annapolis, Maryland]](/msa/mdmanual/36loc/an/images/1198-1-06397c.jpg)
Circuit Courts originated in the colonial period as County Courts. In 1775, just before the Revolutionary War, their functions were suspended. After Maryland adopted its first State Constitution in 1776, the County Courts reopened and justices were appointed for every county in April 1777.
In 1776, Maryland's first constitution authorized County Court justices to appoint clerks for their respective courts (Constitution of 1776, sec. 47). By 1836, the Governor was empowered to name county court clerks to seven-year terms (Chapter 224, Acts of 1836, confirmed by Chapter 160, Acts of 1837).
When Circuit Courts were established to succeed the County Courts in 1851, provision was made for a clerk to serve the court in each county (Constitution of 1851, Art. IV, sec. 14). The Constitution of 1851 also provided that the voters would elect the Clerk to a six-year term. In 1926, the Clerk's term was shortened to four years (Const., Art. XVII, added by Chapter 227, Acts of 1922, ratified Nov. 7, 1922; Const., Art. IV, sec. 25).
Today, the Clerk of the Circuit Court is elected by the voters to a four-year term (Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Const., Art. IV, secs. 25-26; Code Courts & Judicial Proceedings Article, secs. 2-201 through 2-213).
For the public, the Circuit Court Clerk performs certain court duties, such as filing, docketing, and maintaining legal records; recording documents that involve title to real estate; and collecting the fees, commissions, and taxes related to these functions. The Clerk also issues certain licenses. In this process, the Clerk's Office collects and distributes funds on behalf of the State, and Anne Arundel County and its municipalities.
Operating expenses for the Clerk's Office primarily come from State General Funds, and certain support services, such as payroll and invoice processing and maintenance of budgetary accounting records, are provided by the Adminstrative Office of the Courts.
Under the Clerk are four divisions: Civil and Family Law; Courtroom Clerks; Criminal, Juvenile, Trust and Adoption; and Land Records and Licensing.
-
CIVIL & FAMILY LAW DIVISION
The Civil and Family Law Division became the Civil and Family Law Division in 2019.
COURTROOM CLERKS DIVISION
CRIMINAL, JUVENILE, TRUST & ADOPTION DIVISION
LAND RECORDS & LICENSING DIVISION
In 2019, the Courtroom Clerks Department was reformed as the Courtroom Clerks Division.
In 2019, the Criminal, Juvenile, Trust and Adoption Division was created from the merger of the Criminal Department, the Juvenile Department, and the Trust, Adoption and Appeals Department.
The Land Records and Licensing Division was formed in 2019 from the consolidation of the Land Records Department with the Licensing Department.
COURT ADMINISTRATION
FAMILY LAW DIVISION
Authorized in January 1998, the Family Law Division provides a forum to resolve family legal matters in a problem-solving manner, with the goal of improving the lives of families and children who appear before the Circuit Court (Maryland Rule 16-204). To that end, the Court makes appropriate services available for families who need them. The Court also provides an environment that supports judges, court staff, and attorneys so that they can respond effectively to the many legal and nonlegal issues of families in the justice system.
Actions and matters assigned to the Family Law Division include:
JURY OFFICE
Serving on a jury is part of the responsibility of being a citizen. The Declaration of Rights, part of the Maryland Constitution, makes provision for juries (Articles 5, 21, 23), as does State Law (Code Courts & Judicial Proceedings Article, secs. 8-101 through 8-507).
Grand Jury. A grand jury evaluates the State’s Attorney's evidence against a person, and decides whether there is probable cause for a criminal charge. This process protects the accused and the public from unwarranted prosecution. It forces the State to show that it is seeking a conviction based on more than rumor or speculation. Prosecuted by the State's Attorney, criminal cases are brought by the State against one or more people accused of committing a crime. The person accused of the crime is the defendant. The State must prove "beyond a reasonable doubt" that the defendant committed the alleged crime.
A grand jury is a group of up to 23 people who are called together to receive and hear evidence to determine whether probable cause exists to charge someone with a crime, and to conduct certain investigations.
Trial Jury. A trial jury listens to evidence in a courtroom, and decides the guilt or innocence of a defendant in a criminal case, or the liability and damages of parties in a civil case. Civil cases are disputes between private individuals, corporations, governments, government agencies, or other organizations. Usually, the party that brings the suit (the plaintiff) asks for money damages for some wrong alleged to have been done by the defendant.
A trial jury is generally made up of twelve people for criminal cases, and six for civil cases.
SHERIFF
By 1851, while the qualifications for office remained almost the same, the property requirement was removed, and a two-year term was adopted. Also, provision was made for Baltimore City to have a sheriff. Anyone interested in becoming sheriff had to have been a citizen of the State for the five years preceding the election (Constitution of 1851, Art. IV, sec. 20).
With the Constitution of 1864, for the first time, voters began to directly elect one sheriff for each county and Baltimore City. To qualify for office, the minimum age was raised to at least twenty-five (Constitution of 1864, Art. IV, sec. 49).
The Constitution of 1867 did not alter the requirements of office (Const. of 1867, Art. IV, sec. 44). By constitutional amendment in 1922, the term of office was lengthened to four years (Chapter 227, Acts of 1922, ratified Nov. 7, 1922; Const., Art. XVII, sec. 7).
An officer of the Circuit Court, the Sheriff is elected by the voters to a four-year term. To be eligible for the office of Sheriff, a person must be at least twenty-five years of age and must have been a County resident for at least five years immediately preceding election (Const., Art. IV, sec. 44; Code Courts & Judicial Proceedings Article, secs. 2-301 through 2-311).
The Bureau records and serves court processes and radio dispatch communications.
Units within the Bureau include Field Operations Teams (warrants, peace order, and child support order service); Civil Process (summons, writ and subpoena service); Canine; Document Control; and Sheriff's Communications.
SECURITY OPERATIONS BUREAU
The Bureau is responsible for providing a safe and secure environment for the Circuit Court and its grounds.
Units within the Bureau include Building Command, Canine, Courts and Facilities, and Detention Command.
Small claims (civil cases involving amounts not exceeding $5,000) also come under the jurisdiction of the District Court. In civil cases involving amounts over $5,000 (but not exceeding $30,000), the District Court has concurrent jurisdiction with the circuit courts.
Since the District Court provides no juries, a person entitled to and electing a jury trial must proceed to the Circuit Court (Code Courts & Judicial Proceedings Article, secs. 1-601 through 1-608, 2-601 through 2-607, 4-101 through 4-405, 6-403, 7-301, 7-302, 9-201, 11-402, 11-701 through 11-703, 12-401 through 12-404; Code Criminal Procedure Article, sec. 6-101; Code Family Law Article, secs. 4-501 through 4-510).
District Court judges are appointed to ten-year terms, by the Governor with Senate consent. They do not stand for election (Const., Art. IV, sec. 41D).
The Adult Drug Treatment Court is a specialized, nonadversarial court docket for criminal defendants and offenders, juvenile offenders, and parents with pending child welfare cases who have alcohol and other drug dependency problems. In order to restore a defendant as a productive, noncriminal member of society, the Court combines judicial oversight with intensive treatment and supervision. While monitoring a defendant’s progress in treatment, the Court also can impose graduated sanctions in response to noncompliance with the drug court program.
DUI (DRIVING UNDER THE INFLUENCE) DRUG COURT
ADMINISTRATION
Upon recommendation of the District Administrative Judge, the Chief Judge of the District Court appoints the Administrative Clerk (Const., Art. IV, sec. 41F).
COMMISSIONERS
Commissioners in a district are appointed by and serve at the pleasure of the District Administrative Judge, with approval of the Chief Judge of the District Court (Const., Art. IV, sec. 41(a)(2); Code Courts & Judicial Proceedings Article, secs. 2-602, 2-607).
The Orphans' Court supervises the handling of estates of people who have died (with or without a will) while owning property in their sole name. The Court also has jurisdiction over guardianships of minors
Orphans' Court judges are responsible for approving administration accounts, and making sure that only appropriate payments are made from estate assets and that distributions are made to the proper beneficiaries or heirs. Generally, payment of attorney's fees or personal representative's commissions made from estate assets also must be approved by the Court.
Anne Arundel County Courthouse, Church Circle, Annapolis, Maryland, April 2005. Photo by Diane F. Evartt.
REGISTER OF WILLS
The Register of Wills serves as clerk to the Orphans' Court, overseeing the administration of decedents' estates, and providing assistance (such as providing proper forms) to persons administering those estates. The Register also collects inheritance taxes and other fees. Inheritance tax collections (less the commissions earned on those collections) are remitted to the State's General Fund.
Certain support services, such as payroll, maintenance of accounting records, and related fiscal functions, are provided to the Register of Wills by the Comptroller of Maryland.
Elected by the voters, the Register serves a four-year term (Const., Art. IV, sec. 41; Code Estates & Trusts Article, secs. 2-201 through 2-212).
© Copyright Maryland State Archives
The Court Administrator oversees the Assignment Office, Civil Case Management, Court Technology Services, the Family Law Division, and the Jury Office, as well as the Court Reporting Office, and the Public Law Library.
PUBLIC LAW LIBRARY
In Anne Arundel County, the Public Law Library serves the court, the legal community, and the citizens of the County. The Library offers free legal advice through its Civil Non-Family Self-Help Program, and its Family Law Self-Help Center.
In cases involving family law, the Family Law Division provides mediation in custody matters; custody investigations; and trained personnel to respond to emergencies. It also offers mental health evaluations for alcohol and drug abuse; and information services, including procedural assistance to self-represented litigants (Maryland Rule 16-204).
For grand juries and trial juries, the Jury Office is responsible for providing qualified prospective jurors. Heading the Jury Office, the Jury Commissioner coordinates jury management; maintains and monitors the jury summons process; and schedules jurors for Circuit Court appearances.
Under Maryland's first State Consitutiton of 1776, two sheriffs were to be elected in each county by the voters. One of these would be commissioned as Sheriff by the Governor to serve a three-year term. In the event of death, removal, or other incapacity of the incumbant, the "second" sheriff could replace him. At that time, to be eligible for the office of Sheriff, a person had to have been at least twenty-one years of age, a County resident, and a holder of real and personal property valued at one thousand pounds current money (Constitution of 1776, sec. 42).
FIELD OPERATIONS BUREAU
Under the Sheriff, the Field Operations Bureau originated as the Operations Bureau, and became the Field Operations Bureau in November 2019.
Formerly the Security Bureau, the Security Operations Bureau adopted its present name in November 2019.
![[photo, Robert F. Sweeney District Court Building, 251 Rowe Blvd., Annapolis, Maryland]](/msa/mdmanual/36loc/an/images/1198-1-3625.jpg)
DISTRICT COURT
The District Court of Maryland began operating as a court of record in July 1971. It had been created by constitutional amendment in 1970 (Chapter 789, Acts of 1969, ratified Nov. 3, 1970; Const., Art. IV, secs. 41A through 41-I). In Anne Arundel County, the Court replaced the county trial magistrates.
Robert F. Sweeney District Court Building, 251 Rowe Blvd., Annapolis, Maryland, February 2009. Photo by Diane F. Evartt.
In minor civil and criminal matters, and in virtually all violations of the Motor Vehicle Law, the District Court has jurisdiction. The exclusive jurisdiction of the District Court generally includes all landlord and tenant cases; replevin actions; motor vehicle violations; and criminal cases if the penalty is less than three years imprisonment or does not exceed a fine of $2,500, or both. The District Court has concurrent jurisdiction in misdemeanors and certain enumerated felonies, but has little equity jurisdiction.
ADULT DRUG TREATMENT COURT
In Anne Arundel County, the Adult Drug Treatment Court began under the District Court in 1997.
In 2005, the DUI (Driving Under the Influence) Drug Court was initiated in Anne Arundel County under the District Court. Its purposes and methods are similar to those of the Adult Drug Treatment Court.
The Administrative Clerk in each district maintains and operates the clerical staff and work within the district, including dockets, records, and all necessary papers (Code Courts & Judicial Proceedings Article, secs. 2-603).
District commissioners issue arrest warrants, and set bail or collateral.
ORPHANS' COURT
![[photo, Anne Arundel County Courthouse, Church Circle, Annapolis, Maryland]](/msa/mdmanual/36loc/an/images/1198-1-1100.jpg)
Functions of the Orphans' Court began in the colonial period under the Prerogative Court, headed by the Commissary General. For each county, a deputy commissary was appointed to handle matters relating to the administration of estates. In February 1777, an Orphans' Court was authorized in each county to serve as the County's probate court.(Chapter 8, Acts of 1777).
Elected by the voters to four-year terms, three judges comprise the Orphans' Court. To be eligible for the office of Orphans' Court Judge, a person must have been a citizen of the State and County resident for at least one year immediately preceding election (Const., Art. IV, sec. 40; Code Estates & Trusts Article, secs. 2-101 through 2-109). The Chief Judge is designated by the Governor (Code Estates & Trusts Article, sec. 2-107).
In 1776, the office of Register of Wills was authorized for each county by Maryland's first Constitution (Constitution of 1776, sec. 41). Originally, the Register of Wills was appointed by the Governor upon joint recommendation of the Senate and House of Delegates. With the Constitution of 1851, however, the voters began to directly elect the Register to a six-year term (Constitution of 1851, Art. IV, sec. 18; Constitution of 1864, Art. IV, sec. 46; Constitution of 1867, Art. IV, sec. 41). In 1922, quadrennial elections were authorized for registers of wills, and instituted in 1926. Since that time, registers have been elected to four-year terms (Chapter 227, Acts of 1922, ratified 1924; Const., Art. XVII, sec. 7).
Maryland Constitutional Offices & Agencies
Maryland Departments
Maryland Independent Agencies
Maryland Executive Commissions, Committees, Task Forces, & Advisory Boards
Maryland Universities & Colleges
Maryland Counties
Maryland Municipalities
Maryland at a Glance
Maryland Manual On-Line
Search the Manual
e-mail: mdmanual@mdarchives.state.md.us