Maryland Judiciary

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Maryland Judiciary
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Court of Appeals
Court of Special Appeals
Circuit Court Jury
District CourtNo jury
Arrested
District Court Commissioner
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Maryland Judiciary

• The mission of the Maryland Judiciary is to
  provide equaland exact justice for all whoenter
  the courts. What does this mean to you?

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Imagine yourself in this simple situation.
You walk out of your classroom and see a 19
year old student writing with a pencil on the
wall.
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There is a bomb
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There is a
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• You call the principal and explain
• what you saw.
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• This sounds like a simple case,
• but well see what happens.

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The principal takes a picture of the writing on
the wall, brings the student to his office and
calls the students parents and the
police. Principal takes no further
action.Police interview student read student
Miranda warning student admits to writing on
wall. Charges are filed.
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Charging Statute
Felony to threaten to explode a destructive
device Misdemeanor willfully disturb or
otherwise willfully prevent the orderly conduct
of the activities, administration, or classes of
any institution of elementary, secondary, or
higher education.
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Arrest v. Summons Case
Misdemeanor Felony
Misdemeanor Citizen Charges
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District Court Commissioners

• Judicial officers, appointed by the Chief Judge
• Available 24 hours a day, 365 days a
  yearCommissioners have two primary
  responsibilities Reviewing Applications for
  Statement of Charges to determine whether
  probable cause exists to issue charging
  documents and Conducting initial appearance
  hearings on arrested individuals to decide the
  conditions of pre-trial release

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Court of Appeals
Court of Special Appeals
Circuit Court Jury
District CourtNo jury
Arrested
District Court Commissioner
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THE FACE OF DISTRICT COURT

• Chief Judge
• 34 Court Locations
• 1300 employees, including
• 112 Judges, 10 year appointment
• 254 Commissioners
• 12 Administrative Judges, Commissioners, and
  Clerks
• Headquarters Chief Clerk, 4 Assistant Chief
  Clerks

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  Where most people experience the judicial
system Pro se litigants No jury trials
litigants interact directly with judge  
District Court
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A wide variety of cases come to this court.
 Motor vehicle and boating violations Small
Claims Civil lawsuits up to a certain
amount Misdemeanors and felonies Landlord and
tenant disputes Domestic Violence, and Peace
Orders
District Court
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Case Filings by TypeDistrict Court - 2005
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Criminal Docket Problem Solving/Specialized Courts

• Drug Courts
• Driving Under Influence Courts
• Early Resolution Courts
• Domestic Violence Courts
• Mental Health Courts
• Mental Health Diversion Courts
• Alternative Dispute Resolution

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Evidence

• Police officers statement that student admitted
  to writing There is a bomb.
• Teachers eyewitness testimony that he/she saw
  student write on the wall
• Criminal case Beyond reasonable doubt.

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When a case is appealed, it moves to circuit
court, where the case is retried.
District Court Appeals
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The face of Circuit Court

• 24 locations one in each county, one in
  Baltimore City
• Funded by city or county
• Handles approximately 300,000 case per year
• 146 judges, appointed must run in special
  election
• Chair of judicial conference

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Circuit Court 

• Handles
•  Major civil cases
•   Serious criminal cases
•   All juvenile family cases
•   Hears all jury cases and
•   Appeals from District Court  De Novo  Jury
  Trial  Beyond Reasonable doubt
•   Specialized courts

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The court finds the student guilty of breaking
the Maryland law that makes it a misdemeanor to
willfully disturb or otherwise willfully
prevent the orderly conduct of the activities,
administration, or classes of any institution of
elementary, secondary, or higher
education. What do you think?
Circuit Court
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 The boy and his lawyer dont think so and
decide to appeal his case to the Court of Special
Appeals. The basis of the appeal was a legal
argument that the incident did not fall within
the statute, because there was no evidence of
any actual disturbance or disruption of school
activities
Court of Special Appeals
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The face of Court of Special Appeals 

• Intermediate appellate court
• Handles any reviewable judgments
• 13 judges, but generally hears cases in panels of
  3
• 10 year appointment retention elections

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Court of Special Appeals

• Standard of Review
• Abuse of Discretion evidentiary Issues
• De Novo--- Legal Interpretations

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Court of Special Appeals
Statutory Interpretation

• Plain meaning of words
• Legislative intent
• Legislative record
• Newspaper commentator

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In this case, the Court of Special Appeals
agrees with the boy saying that the boys action
did not constitute a disturbance or the
prevention of orderly activities in the school.
Essentially the court says that the boy simply
wrote on the wall.  What do you think? 
Court of Special Appeals
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The States attorney and the school disagree with
the Court of Special Appeals and decide to take
the case to the highest court in the state, the
Court of Appeals. 
Court of Appeals
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The face of Court of Appeals 

• Chief judge
• Highest court
• Hears cases by way of certiorari
• 7 judges
• Hears oral argumentsLegislative Intent

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The Court of Appeals upholds the decision of
the Court of Special Appeals. Statutory
interpretationLegislative intent--- newspaper
articles  
Court of Appeals
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Court of Appeals
Case reversed. Court of Appeals rejects the
states argument. It states there is a level of
disturbance that is simply part of the school
activity, that is intended to be dealt within the
context of school administration The only
sensible reading of the statute is that there
must not only be an actual disturbance, but the
disturbance must be more than a minimal one.
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What do you think?
Maryland Appellate Court Opinions may be found
at http//www.courts.state.md.us/opinions.html Di
strict Court website http//mdcourts.gov/district
/index.html