SOMERSET COUNTY

JUDICIAL BRANCH

ORIGIN & FUNCTIONS

CIRCUIT COURT

Circuit Courts are trial courts of general jurisdiction. Their jurisdiction is very broad but generally covers major civil cases and more serious criminal matters. Circuit Courts also may decide appeals from the District Court of Maryland and certain administrative agencies.

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).

Somerset County Circuit Court, 30512 Prince William St., Princess Anne, Maryland, May 2017. Photo by Diane F. Evartt.

ADULT RECOVERY COURT
Under the Circuit Court, the Adult Recovery Court was authorized in Somerset County in July 2018, and began operation in January 2019.

The Adult Recovery Court is a post plea, pre-sentence program designed to help those who are seeking to overcome substance abuse and related criminal offenses. It offers intensive rehabilitation services to criminal defendants whose crimes are driven by their addiction. The program involves four phases, covering 15 to 18 months, for adults who have violated their Circuit Court supervision due to problems with drugs or alcohol, been referred from District Court, or have an original case for sentencing in the Circuit Court.

JURY SERVICE
For grand juries and trial juries, Jury Service is responsible for providing qualified prospective jurors. Heading Jury Service, 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.

TRUANCY REDUCTION PROGRAM
In Somerset County, the Truancy Reduction Program began in November 2005.

Because truant behavior often is linked to other forms of delinquency, leading to poor relations with the police and subsequent incarceration, the Program seeks to address the causes of truancy, and improve the student's attendance, achievement, and attachment at school (Chapter 551, Acts of 2004; Code Courts & Judicial Proceedings Article, secs. 3-8C-01 through 3-8C-10).

Somerset County Circuit Court, 30512 Prince William St., Princess Anne, Maryland, May 2017. Photo by Diane F. Evartt.

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 Somerset 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 three departments: Civil, Criminal, and Land Records.

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).

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 Sheriff is responsible for four sections: Civil Process; Court Security; Drug and Criminal Investigation; and Road Patrol.

DISTRICT COURT

Somerset County District Court, 12155 Elm St., Princess Anne, Maryland, May 2017. 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. 41(a)(2); Code Courts & Judicial Proceedings Article, secs. 2-602, 2-607).

ORPHANS' COURT

Somerset County Courthouse, 30512 Prince William St., Princess Anne, Maryland, November 2011. Photo by David H. Armenti.

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.

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, 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).

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