CALVERT COUNTY, MARYLAND

JUDICIAL BRANCH

ORIGIN & FUNCTIONS

CIRCUIT COURT

Circuit Courts originated in the colonial period as County Courts. In 1775, just before the Revolutionary War, their functions were suspended. After Maryland adopted its first State Constitution in 1776, the County Courts reopened and justices were appointed for every county in April 1777.

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

Calvert County Courthouse, 175 Main St., Prince Frederick, Maryland, September 2004. Photo by Diane F. Evartt.

---

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).

CLERK

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). Originally elected to a six-year term by the voters, the Clerk's term was shortened to four years in 1926 (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 (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 Calvert County and its municipalities.

The Clerk of the Circuit Court oversees Jury Services, the Trust Clerk, and six departments: Civil, Criminal, Family, Fiscal Accounting, Juvenile, and Land Records and Licensing.

COURT ADMINISTRATION

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

Sheriff's Office, 30 Church St., Prince Frederick, Maryland, July 2015. Photo by Diane F. Evartt.

Sheriff's Office, 30 Church St., Prince Frederick, Maryland, July 2006. Photo by Diane F. Evartt.

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).

Under the Sheriff's Office are the Detention Center, and four bureaus: Administrative and Judicial Services, Criminal Investigations, Patrol, and Special Operations and Homeland Security.

ADMINISTRATIVE & JUDICIAL SERVICES BUREAU
All court-generated documents are served by the Administrative and Judical Services Bureau. The Bureau also oversees Animal Control, evictions, and Courthouse security.

CRIMINAL INVESTIGATIONS BUREAU
The Criminal Investigations Bureau conducts investigations of serious crimes, and major drug cases; and conducts searches for critical missing persons. It also administers polygraph examinations.

PATROL BUREAU
The Patrol Bureau is responsible for Community Policing, Patrol Coverage (24-hour), and Traffic Enforcement in Calvert County.

SPECIAL OPERATIONS & HOMELAND SECURITY BUREAU
Created in 2006, the Special Operations and Homeland Security Bureau serves high-risk search warrants; facilitates court-ordered emergency commitments for mental evaluation; and conducts land searches for critically missing or wanted persons. The Bureau also provides security on-site and off shore for the Cove Point Dominion Liquid Natural Gas Plant, and serves as a first responder in case of an emergency at the Gas Plant, or at Calvert Cliffs Nuclear Power Plant.

DISTRICT COURT

Louis L. Goldstein District Court/Multi-Service Center, 200 Duke St., Prince Frederick, Maryland, May 1999. Photo by Diane P. Frese.

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 1957, Art. 27, secs. 586, 594D, 616 1/ 2, 643A; Code Courts and 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 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

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

Calvert County Courthouse, 175 Main St., Prince Frederick, Maryland, September 2004. 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
The Register of Wills serves as clerk to the Orphans' Court.

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).

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).

Maryland Constitutional Offices & Agencies
Maryland Departments
Maryland Independent Agencies
Maryland Executive Commissions, Committees, Task Forces, & Advisory Boards
Maryland Universities & Colleges
Maryland Counties
Maryland Municipalities
Maryland at a Glance

Maryland Manual On-Line

Search the Manual
e-mail: mdmanual@mdarchives.state.md.us

© Copyright Maryland State Archives