HARFORD COUNTY

JUDICIAL BRANCH

ORIGIN & FUNCTIONS

CIRCUIT COURT

Harford County Courthouse, 20 West Courtland St., Bel Air, Maryland, March 2005. 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).

The Circuit Court is aided by the Family Recovery Court and the Juvenile Drug Court.

FAMILY RECOVERY COURT
In 2004, the Family Recovery Court was initiated in Harford County.

The Court serves families involved with child welfare due to substance abuse.

JUVENILE DRUG COURT
In Harford County, the Juvenile Drug Court began in October 2000 as an unfunded pilot project, and then was called the Juvenile Accountability Court. In September 2001, the Court received funding from the Drug Court Program of the U.S. Department of Justice and, as the Juvenile Drug Court, began operation in October 2001.

To increase treatment for drug addiction and reduce criminal recidivism, the Juvenile Drug Court seeks to help youth who are repeat offenders, heavily involved with drugs and the juvenile justice system.

CLERK
In 1776, Maryland's first constitution authorized County Court justices to appoint clerks for their respective courts (Constitution of 1776, sec. 47). By 1836, the Governor was empowered to name county court clerks to seven-year terms (Chapter 224, Acts of 1836, confirmed by Chapter 160, Acts of 1837).

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 Harford County and its municipalities.

COURT ADMINISTRATION
For the Circuit Court, the Court Administrator oversees the Community Work Service Program, Court-Appointed Special Advocates (CASA) for Children, Family Court Services, Jury Services, the Law Library, and the Self-Help Center.

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).

Since Harford County does not have a county police force, the Office of Sheriff functions as the law enforcement agency of the County. The Office serves the unincorporated parts of the County; supports municipal law enforcement units; provides security and other support for the courts; and maintains the County jail or detention center.

By memorandum of understanding of October 26, 2016, the County Sheriff's Office has agreed to perform certain functions of immigration officers for the U.S. Immigration and Customs Enforcement (ICE) of the U.S. Department of Homeland Security. Participating Sheriff's Office personnel are subject to ICE supervision while performing immigration-related duties pursuant to the memorandum of understanding (Immigration & Nationality Act, as amended, sec. 287(g)).

Under the Sheriff are three bureaus: Correctional Services, Police Operations, and Services and Support. The Office of Sheriff also is aided by the Police Commission.

POLICE COMMISSION
The Police Commission makes recommendations to the County, State, and municipalities on improvements for law enforcement and police protection in Harford County.

Chaired by the Sheriff, the Commission includes the chiefs of police of Aberdeen, Bel Air, and Havre de Grace; and the commanding officer of the Bel Air Barracks (County Code, Art. III, secs. 9-8 through 9-11).

CORRECTIONAL SERVICES BUREAU [DETENTION CENTER]
Opened in 1973, the Harford County Detention Center can hold 762 inmates.

POLICE OPERATIONS BUREAU

SERVICES & SUPPORT BUREAU

COMMUNITY SERVICES DIVISION

ANIMAL CONTROL SERVICES UNIT
In cooperation with the Humane Society of Harford County, Inc., and the County Health Department, the Animal Control Services Unit is responsible for enforcing the animal control laws of the County Code. Animal control officers respond to reports of animal abuse or misuse, and dead, at-large, wild or nuisance animals. Dog licenses may be obtained through offices of the Department of Inspections, Licenses, and Permits (County Code, secs. 64-1 through 64-30).

The Animal Control Services Unit formerly was the Animal Control Services Division under the Department of Inspections, Licenses, and Permits. The Division transferred as a unit to the Services and Support Bureau under the Office of Sheriff in June 2015.

ANIMAL CONTROL ADVISORY COMMISSION
The Animal Control Advisory Commission hears allegations regarding animal abuse, mishandling, or other animal-related violations of the County Code. The Commission also hears appeals relating to license denials for pet shops or kennels by the Department of Inspections, Licenses, and Permits.

Nine members comprise the Commission. Five members are appointed by the County Executive with County Council consent to four-year terms. Serving ex officio are the Director of Inspections, Licenses, and Permits; the Chief of Animal Control Services; the Director of the Human Society of Harford County, Inc.; and a representative of the County Health Department. The County Executive appoints the Chair (County Code, secs. 9-174, 9-175).

DISTRICT COURT

District Court Building, Mary E. W. Risteau Multi-Service Center, 2 South Bond St., Bel Air, Maryland, March 2005. 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).

The District Court is aided by the Adult DUI Subsequent Offender Court, the Adult Opiate Recovery Court, and the Mental Health Court.

ADULT DUI (DRIVING UNDER THE INFLUENCE) SUBSEQUENT OFFENDER COURT


ADULT OPIATE RECOVERY COURT
In Harford County, the Adult Opiate Recovery Court originated in November 1997 as the Adult Drug Court. That court was replaced in February 2017 by the Adult Opiate Recovery Court.

The Adult Opiate Recovery Court is the first court in the State designed specifically for people facing opioid-related criminal charges. A four-phase, twelve-month program, the Court helps participants obtain the services they need to overcome drug dependency. It is an alternative to traditional incarceration for drug offenses, and provides court-managed drug treatment and monitoring, as well as medication and counseling.

MENTAL HEALTH COURT
Under the District Court, the Mental Health Court started in Harford County in 2004.

The Court is a pre-adjudication program. Participants are those arrested for misdemeanors who have been detained or released on their own recognizance prior to their first court appearance. The aim of the Court is to reduce the frequency of participants' contact with the criminal justice system by providing judicial supervision to improve their functioning in the community through employment, housing, treatment, and support services. If approved, defendants have their charges postponed while they take part in the program.

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

Fountain before Harford County Courthouse, 20 West Courtland St., Bel Air, Maryland, March 2005. Photo by Diane F. Evartt.

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.

In Harford County, Circuit Court judges sit as an orphans' court (Chapter 374, Acts of 1972, ratified Nov. 7, 1972; Const., Art. IV, sec. 40; Code Estates & Trusts Article, secs. 2-101 through 2-303).

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