BALTIMORE CITY

JUDICIAL BRANCH

ORIGIN & FUNCTIONS

CIRCUIT COURT

From 1789 to 1816, a court of oyer and terminer and gaol delivery heard criminal cases for Baltimore County, and that court's original jurisdiction covered the area that now constitutes Baltimore City (Chapter 1, Acts of November Session 1787; Chapter 50, Acts of 1791; Chapter 57, Acts of 1793). Thereafter, the court's jurisdiction was redefined in 1797, 1798, and 1816 to cover a certain urban area set apart from Baltimore County, and it was renamed the Baltimore City Court (Chapter 121, Acts of 1797; Chapter 65, Acts of 1798; Chapter 193, Acts of 1816).

Battle of North Point Monument (before Mitchell Courthouse), Calvert St. & Fayette St., Baltimore, Maryland, September 2008. Photo by Diane F. Evartt.

In 1851, when Baltimore City's government separated from Baltimore County, its court system separated further as well (Constitution of 1851, Article IV, secs. 8-15). For Baltimore City, four additional courts were authorized in 1851: the Circuit Court, the Court of Common Pleas, the Superior Court, and the Criminal Court. No reference made to the City Court in the Constitution of 1851.

The Circuit Court was established to succeed the County Court in 1853 (Chapter 122, Acts of 1853). The Circuit Court was granted equity powers concurrent with the Superior Court. Constitutional provision for the four City courts was reauthorized in 1864 (Constitution of 1864, Art. IV, secs. 31-42). No reference was made, however, to the City Court in the Constitution of 1864.

In 1867, six courts were authorized for Baltimore City: the Supreme Bench under which was the Superior Court, the Court of Common Pleas, the City Court, the Circuit Court, and the Criminal Court (Constitution of 1867, Art. IV, secs. 27-39). The Circuit Court was given exclusive equity jurisdiction for the City (Constitution of 1867, Art. IV, sec. 29). An additional equity court, Circuit Court no. 2, was created in 1888. The second court also shared jurisdiction in juvenile cases.

By constitutional amendment in 1980, the six courts of the Supreme Bench were consolidated (Chapter 523, Acts of 1980, ratified Nov. 4, 1980). They became the Circuit Court for Baltimore City on January 1, 1983.

The Circuit Court is a trial court of general jurisdiction. Its jurisdiction is very broad but generally covers major civil cases and more serious criminal matters. The Circuit Court also may decide appeals from the District Court of Maryland and certain administrative agencies, such as the Office of Administrative Hearings.

Nominated by trial courts judicial nominating commissions, Circuit Court judges are appointed by the Governor and then must successfully stand for election to continue in office for a term of fifteen years. The judge's name is placed on the ballot in the first general election that occurs at least one year following the vacancy the judge was appointed to fill (Const., Art. IV, sec. 5). The judge may be opposed formally by one or more qualified members of the bar, with the successful candidate being elected to a fifteen-year term (Const., Art. IV, secs. 3, 5, 11, 12, 19-26).

In Baltimore City, a courthouse has been at the Circuit Court's present site since 1770. Opened in 1900, the present courthouse, which houses the Circuit Court, was named in 1985 for Clarence M. Mitchell, Jr., Baltimore native and civil rights activist.

The Circuit Court is aided by three courts: the Adult Drug Treatment Court, the Family Recovery Court, and the Mental Health Court.

ADULT DRUG TREATMENT COURT
Under the Circuit Court, the Adult Drug Treatment Court was established in Baltimore City in October 1994.

For eligible offenders whose crimes are nonviolent and related to substance abuse, the Adult Drug Treatment Court of the Circuit Court provides substance abuse treatment, intensive supervision, and judicial monitoring. To address problems that contribute to drug abuse and criminal behavior, the Court also offers vocational, educational and life-skills training and other services.

FAMILY RECOVERY COURT
In Baltimore City, the Family Recovery Court was initiated in August 2005.

The Court serves parents of children (up to 10 years old) who have been removed by the Department of Social Services from the home or face being removed due to substance abuse. Within the Juvenile Court, the Family Recovery Court combines intensive substance abuse case management with supportive services.

MENTAL HEALTH COURT
For eligible offenders with serious mental illness or a trauma-related disorder, and whose crimes are nonviolent, the Mental Health Court of the Baltimore City Circuit Court works to direct them away from incarceration and into community-based treatment under judicial oversight. Participation is voluntary and subject to review by the Forensic Alternative Services Team (FAST).

CLERK'S OFFICE
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 Baltmore City.

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.

The Clerk is responsible for the Assignment Offices and six divisions: Civil, Criminal, Family, Jury, Juvenile, and Land Records and Licenses.

ASSIGNMENT OFFICES
CIVIL DIVISION
CRIMINAL DIVISION

FAMILY DIVISION


FAMILY SUPPORT SERVICES
In cases involving family law, Family Support Services 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).

TRUST CLERK
Under the Circuit Court Clerk, the Trust Clerk oversees the administration of guardianship, estates, trusts, and receiverships that come under jurisdiction of the Circuit Court. The Trust Clerk reviews accounting reports filed by the fidiciaries in order to carry out these responsibilities (Maryland Rules, Titles 10 & 13). Moreover, the Trust Clerk files, maintains dockets and other legal records; records documents involving title to real estate; collects the related fees; commissions, and taxes; and issues certain licenses. On behalf of the State, Baltimore City, and others, the Trust Clerk also collects funds and subsequently distributes them to applicable entities.

JURY DIVISION
For grand juries and trial juries, the Jury Division is responsible for providing qualified prospective jurors. Heading the Jury Division, the Jury Commissioner coordinates jury management; maintains and monitors the jury summons process; and schedules jurors for Circuit Court appearances.

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.

JUVENILE DIVISION
LAND RECORDS & LICENSES DIVISION

ADMINISTRATIVE OFFICE
The Administrative Office oversees five divisions: Civil, Criminal, Family, Juvenile, and Medical Services. In addition, the Office is responsible for five units: Addictions, Assessment, Community Services, Court Reporting Services, Court Technology Services, and Interpretation Services.

CIVIL DIVISION
The Civil Division of the Circuit Court processes and manages all civil, nondomestic matters within the Court’s jurisdiction.

The Division's case management system processes and tracks all cases. A scheduling order, which establishes relevant procedural milestones and deadlines and pre-trial conference and trial dates, is generated for all cases that are expected to proceed to trial.

To provide opportunities for the resolution of cases prior to trial, several alternative dispute resolution programs are used by the Court.

CRIMINAL DIVISION
The Criminal Division of the Circuit Court has several components, including Appeals, Post-Conviction and Collateral units; the Bail Department; Summons and Warrant Section; Expungement; Docket Section; and the Records and File Room.

FAMILY DIVISION
Under the Circuit Court, the Family Division seeks to resolve domestic disputes. It aims to facilitate the examination and evaluation of family conflicts in a manner that promotes the dignity and respect of the families involved.

Family Division judges and magistrates preside over matters of adoption, child support, custody, divorce, guardianship, protective orders, and visitation. Each case is analyzed and assessed as remedies are sought that comply with applicable law, and address the safety, stability, integrity, and accountability of parents and children.

The Family Division works to fashion sustainable remedies to domestic disputes. In doing so, the Court uses court-funded and community resources, such as mediation, co-parenting education, supervised visitation, and counseling. Such resources provide parties with guidance and tools that help restore healthy family functioning without additional court involvement.

JUVENILE DIVISION
The Juvenile Division of the Circuit Court has limited jurisdiction with responsibility for delinquency, child welfare (children in need of assistance & children in need of supervision), and guardianship and adoption (termination of parental rights (TPR)) cases.

Under the Division's case management system, most pleadings are filed electronically. Immediately following each hearing, scheduling and other orders are generated in the courtroom.

MEDICAL SERVICES DIVISION
The Medical Services Division organized in 1925.

Under the Administrative Office, the Division provides psychiatric, psychological and social work evaluations for the courts of Baltimore City. It also helps to develop key local and statewide forensic psychiatric programs and services, and to improve programs and services for persons with mental illness who have court involvement. All programs and services are initiated or approved by the Baltimore City Circuit Court. Most recently, the Division has participated in the formation of the Mental Health Court at the John R. Hargrove, Sr. District Court Building in the Southern District, and the implementation of the Behavioral Health Administration program to evaluate juvenile competency in Baltimore and other jurisdictions.

FORENSIC ALTERNATIVE SERVICES TEAM (FAST)
The Medical Services Division is responsibe for the Forensic Alternative Services Team (FAST). The Team carries out a jail diversion program for mentally ill, misdemeanor offenders.

Since 2004, the Team has helped develop a mental health docket at Hargrove Courthouse in the Southern District. With the formation of the Mental Health Court there, the Team has expanded its services to include clinical assessments of those recommended for the Mental Heath Court, treatment planning, and, in some cases, monitoring the treatment plans of participants.

SHERIFF
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).

Although Baltimore City at the time was still part of Baltimore County, provision was made in 1842 (confirmed in 1843) for a Baltimore City Sheriff to serve a three-year term, and the Sheriff's Office began operation in 1845.

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 City 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 Sheriff oversees four divisions: Child Support, Court Security, Internal Affairs, and Transportation/Lockup.

CHILD SUPPORT DIVISION
COURT SECURITY DIVISION
INTERNAL AFFAIRS DIVISION
TRANSPORTATION/LOCKUP DIVISION

DISTRICT COURT

With Senate consent, the Governor appoints District Court judges to ten-year terms.

ADULT DRUG TREATMENT COURT
Under the District Court, Baltimore's Adult Drug Treatment Court was founded in March 1994 as the first drug treatment court in the State.

MENTAL HEALTH COURT


VETERANS TREATMENT COURT
Under the District Court, the Veterans Treatment Court was initiated in Baltimore City in November 2015 (Administrative Order, Nov. 19, 2015).

The Veterans Treatment Court is a supervised, voluntary treatment program for veterans charged with misdemeanor and concurrent jurisdiction felonies in the District Court. Veterans receive coordinated treatment for substance abuse disorders, and/or mental health problems.

ADMINISTRATION
Unde the District Court, Administration oversees the Civil, Criminal, and Traffic Divisions.

CIVIL DIVISION
CRIMINAL DIVISION
TRAFFIC DIVISION

COMMISSIONERS
Commissioners in a district are appointed by and serve at the pleasure of the District Administrative Judge, subject to the approval of the Chief Judge of the District Court (Const., Art. 4, sec. 41G(a)(2).

ORPHANS' COURT

Elected by the voters to four-year terms, three judges comprise the Orphans' Court (Const., Art. 4, sec. 40).

Clarence M. Mitchell, Jr. Courthouse, 111 North Calvert St., Baltimore, Maryland, September 2008. Photo by Diane F. Evartt.

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.

To a four-year term, the Register of Wills is elected by the voters (Const., Art. 4, sec. 40).

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