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COURT OF APPEALS

HISTORICAL EVOLUTION

The Court of Appeals originated in the seventeenth century. During the early years of the settlement of Maryland, the General Assembly sat as a court of law, as well as a legislature. In 1650, when the Assembly divided into two houses, the upper house, which consisted of the Governor and Council, became the Court of Appeals.
[photo, Court of Appeals, Annapolis, Maryland, 2013] During the Revolution, the Court of Appeals was reformed by the Maryland Constitution of 1776 (sec. 56). Judges were appointed by the Governor with the advice and consent of the Council (sec. 48), and the Court sat on the Western Shore in Annapolis.

Court of Appeals Judges, Annapolis, Maryland, August 2013. Photo courtesy of Court of Appeals Office of Communications & Public Affairs.

From left to right: Robert N. McDonald; Clayton Greene, Jr.; Glenn T. Harrell, Jr.; Mary Ellen Barbera (Chief Judge); Lynne A. Battaglia; Sally D. Adkins; Shirley M. Watts.

[photo, Robert C. Murphy Courts of Appeal Building, 361 Rowe Blvd., Annapolis, Maryland] By 1805, chief justices of the six judicial districts of the State constituted the Court of Appeals (Chapter 55, Acts of 1804). From 1805 to 1851, the Court sat at Easton on the Eastern Shore, as well as at Annapolis. Judges held their commissions upon good behavior, but could be removed by the Governor with the concurrence of two thirds of the members of each house of the General Assembly.

Robert C. Murphy Courts of Appeal Building, 361 Rowe Blvd., Annapolis, Maryland, November 2002. Photo by Diane F. Evartt.

The Constitution of 1851 provided for a single Court of Appeals, which sat at Annapolis. Judges were chosen by the electorate. The Court consisted of four justices, each of whom was elected from one of four judicial districts. From the elected justices, the chief justice was designated by the Governor with the advice and consent of the Senate. Justices served a ten-year term, which was renewable (Constitution of 1851, Art. 4, sec. 4).

The 1864 Constitution increased both the number of justices and the number of judicial districts from four to five (Constitution of 1864, Art. 4, sec. 17). Justices served fifteen-year terms. By the Constitution of 1867 the number of judicial districts and justices each increased from five to eight (Constitution of 1867, Art. 4, sec. 14).

A reorganization of the Court, in 1944, reduced the number of justices to five (Chapter 772, Acts of 1943). One judge was elected from each of three appellate circuits, and two were elected from the fourth appellate circuit (Baltimore City).

Court membership increased in 1960 to seven justices (Chapter 11, Acts of 1960).

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