BALTIMORE COUNTY, MARYLAND

JUDICIAL BRANCH

ORIGIN & FUNCTIONS

CIRCUIT COURT

For the counties, Circuit Courts were established to succeed the County Courts in 1851 (Constitution of 1851, Art. IV, secs. 8, 9).

County Courts Building, 401 Bosley Ave. (view from Pennsylvania Ave.), Towson, Maryland, March 2001. Photo by Diane F. Evartt.

Each Circuit Court judge is appointed by the Governor and then must stand for election. 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).

FAMILY RECOVERY COURT
The Family Recovery Court seeks to treat chemical dependency, preserve families, and protect children.

In Child in Need of Assistance (CINA) cases, parents who suffer from substance abuse can take part in an intensive, structured treatment program through the Family Recovery Court. Under this program, they are supported by a network of holistic, strength-related services. It involves a collaborative, nonadversarial process in which participants are held accountable through frequent monitoring, evaluations, and court reviews.

JUVENILE DRUG COURT
In Baltimore County, the Juvenile Drug Court originated as a pilot program in March 2003.

For eligible juveniles ages 13 to 17 who have been charged with a crime (other than a violent crime or sexual offense), the Juvenile Drug Court offers a four-phase intervention program. Lasting about one year, the program involves frequent court appearances, close court supervision, random drug testing, and individual and group-based counseling. Participation is voluntary and requires a commitment by a parent or guardian to participate and attend court hearings.

COURT ADMINISTRATION
In Baltimore County, the Court Administrator oversees the Clerk of the Court, and the Sheriff.

CLERK
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 (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 Baltimore 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 Circuit Court Clerk are five divisions: Administration; Civil and Family Law; Courtroom Clerks; Criminal and Juvenile; and Judicial Records, and Reproduction, Land Records, License and Fiscal.

OFFICE OF JURY COMMISSIONER
For grand juries and trial juries, the Office of Jury Commissioner is responsible for providing qualified prospective jurors. 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.

CIVIL & FAMILY LAW DIVISION
Under the Clerk of the Circuit Court, the Civil and Family Law Division was authorized in January 1998.

The 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 Civil and Family Law Division include:


• dissolution of marriage, including divorce, annulment, and property distribution;
• child custody and visitation, including proceedings governed by the Maryland Uniform Child Custody Jurisdiction Act (Code Family Law Article, Title 9, subtitle 2) and the federal Parental Kidnapping Prevention Act (28 U.S. Code, sec. 1738A);
• alimony, spousal support, and child support, including proceedings under the Maryland Uniform Interstate Family Support Act;
• establishment and termination of the parent-child relationship, including paternity, adoption, guardianship that terminates parental rights, and emancipation;
• criminal nonsupport and desertion (Code Family Law Article, Title 10, subtitle 2, and Title 13);
• name changes;
• guardianship of minors and disabled persons (Code Estates and Trusts Article, Title 13);
• involuntary admission to State facilities and emergency evaluations (Code Health-General Article, Title 10, subtitle 6);
• family legal-medical issues, including decisions on the withholding or withdrawal of life-sustaining medical procedures;
• actions involving domestic violence (Code Family Law Article, Title 4, subtitle 5);
• juvenile causes (Code Courts Article, Title 3, subtitles 8 and 8A);
• matters assigned to the Civil and Family Law Division by the County Administrative Judge that are related to actions in the Division; and
• civil and criminal contempt arising out of any of these actions or matters.
  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).

SHERIFF
Under Maryland's first State Consitutiton, 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).

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 1924; 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 Sheriff oversees five sections: Administrative Services, Courtroom Security, Legal Process, Security, and Warrant Services.

DISTRICT COURT

District Court, 120 East Chesapeake Ave., Towson, Maryland, May 2004. Photo by Diane F. Evartt.

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).

ADMINISTRATION
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).

Upon recommendation of the District Administrative Judge, the Chief Judge of the District Court appoints the Administrative Clerk (Const., Art. IV, sec. 41F).

COMMISSIONERS
District commissioners issue arrest warrants, and set bail or collateral.

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. 41G (a)(2); Code Courts & Judicial Proceedings Article, secs. 2-602, 2-607).

ORPHANS' COURT

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

County Courts Building, 401 Bosley Ave., Towson, Maryland, March 2001. Photo by Diane F. Evartt.

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).

REGISTER OF WILLS
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).

The Register of Wills serves as clerk to the Orphans' Court, oversees the administration of the estates of those who have died, and provides assistance to individuals administering those estates. In addition, the Register of Wills collects inheritance taxes and other fees (as provided by law), which fund operations of the office. 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).

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