Judicial selection in Maryland

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Judicial selection in Maryland
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Maryland Supreme Court
Method:   Assisted appointment
Term:   10 years
Maryland Court of Appeals
Method:   Assisted appointment
Term:   10 years
Maryland Circuit Court
Method:   Assisted appointment
Term:   15 years
Maryland District Court
Method:   Assisted appointment
Term:   10 years
Maryland Orphans' Court
Method:   Partisan election
Term:   4 years


Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Maryland, including:

As of April 2023, judges for all courts in the state except the Maryland Circuit Courts and Maryland Orphans' Court were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Judges of the Maryland Circuit Court were also selected through the assisted appointment method, but the court also used nonpartisan elections.[1] Judges of the Maryland Orphans' Court are selected in partisan elections.

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Maryland Supreme Court

See also: Maryland Supreme Court

The seven judges of the Maryland Supreme Court are selected through the assisted appointment method. The Maryland Judicial Nominating Commission is responsible for screening candidates and submitting a shortlist to the governor. This commission consists of 17 members appointed by the governor and the Maryland State Bar Association. The governor must appoint a judge from the commission's shortlist and the appointee must then be confirmed by the Maryland State Senate.[1][2]

After serving for one year, judges must stand for retention in the next general election if they wish to remain on the court. If retained, a judge wins a full ten-year term.[1]

The court's name changed from the Maryland Court of Appeals to the Maryland Supreme Court, following a ballot initiative that voters approved in November 2022.[3]

Qualifications

To serve on this court, a judge must be:

  • a U.S. and state citizen;
  • a registered state voter;
  • a state resident for at least five years;
  • a resident of the geographic area where the vacancy exists for at least six months;
  • a state bar member;
  • at least 30 years old; and
  • under the age of 70 (retirement at 70 is mandatory).[1]

Chief justice

The chief justice of the court is designated by the governor to serve indefinite terms.[1]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention at the next general election.[1]

The map below highlights how vacancies are filled in state supreme courts across the country.

See also

State courts Appointment methods Election methods
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State supreme courts
Intermediate appellate courts
Trial courts
Assisted appointment
Court appointment
Gubernatorial appointment
Legislative election
Municipal government selection
Partisan election
Nonpartisan election
Michigan method


External links

Footnotes