Bill Summary – FastDemocracy

HB 885
                      Department of Legislative Services
                             Maryland General Assembly
                                   2021 Session
                           FISCAL AND POLICY NOTE
                                 Third Reader
House Bill 885                 (Delegate R. Watson)
Judiciary                                                           Judicial Proceedings
                  Courts of Appeals and Special Appeals – Renaming
This proposed constitutional amendment renames the Court of Appeals as the Supreme
Court of Maryland and renames the Court of Special Appeals as the Appellate Court of
Maryland. It renames the Chief Judge of the Court of Appeals as the Chief Justice of the
Supreme Court of Maryland and makes other conforming changes.
                                   Fiscal Summary
State Effect: Any potential costs to the Judiciary associated with the bill’s changes are
assumed to be minimal and absorbable within existing budgeted resources.
Local Effect: None.
Small Business Effect: None.
                                        Analysis
Bill Summary: The Supreme Court of Maryland is the successor to the Court of Appeals,
and the Appellate Court of Maryland is the successor to the Court of Special Appeals. A
Justice of the Supreme Court of Maryland is the successor to a Judge of the Court of
Appeals, and the Chief Justice of the Supreme Court of Maryland is the successor to the
Chief Judge of the Court of Appeals. A Judge of the Appellate Court of Maryland is the
successor to a Judge of the Court of Special Appeals, and the Chief Judge of the Appellate
Court of Maryland is the successor to the Chief Judge of the Court of Special Appeals. The
Clerk of the Supreme Court of Maryland is the successor to the Clerk of the Court of
Appeals, and the Clerk of the Appellate Court of Maryland is the successor to the Clerk of
the Court of Special Appeals. Previous names and titles have the same meaning as the new
names and titles in all laws, executive orders, rules, regulations, policies, or documents
created by a State official, employee, or unit.
The proposed amendment does not affect (1) the terms of office of members of any
commission, office, department, agency, or other unit; (2) the status of any transaction or
employment entered into or existing before the bill’s effective date; (3) any right, duty, or
interest flowing from a statute amended by the bill; or (4) the continuity of any commission,
office, department, agency, or other unit and related matters.
Letterhead, business cards, and other documents bearing the new name may not be used
until the materials bearing the previous name have been used. The publisher of the
Annotated Code of Maryland is required to change cross references and terminology
throughout the code and to describe each change in an editor’s note.
Current Law: The Maryland Constitution establishes the Court of Appeals as the highest
court in the State. Among other powers, the Court of Appeals may review a case decided
by the Court of Special Appeals by exercising its discretion in granting a petition for
certiorari (i.e., on review) or electing to transfer a case filed in, but not already decided by,
the Court of Special Appeals. The court has exclusive jurisdiction over cases involving
legislative redistricting and also decides questions of law certified by federal or other
states’ appellate courts. In addition to adjudicating cases, the court adopts rules to govern
practice, procedure, and judicial administration. There are seven judges on the Court of
Appeals; the Governor designates the Chief Judge of the Court of Appeals, who is the
administrative head of Maryland’s judicial system.
The Court of Special Appeals is established by statute, pursuant to constitutional
authorization, as an intermediate appeals court with statewide jurisdiction. It hears almost
all initial appeals from circuit courts and orphans’ courts. In addition, it considers
applications to review various matters including post-conviction petitions, habeas corpus
matters concerning denial of or excessive bail, inmate grievances, appeals from criminal
guilty pleas, and probation violations. There are 15 judges on the Court of Special Appeals.
                                 Additional Information
Prior Introductions: HB 474 of 2020, a similar bill, received a hearing in the House
Judiciary Committee, but no further action was taken. Its cross file, SB 393, passed the
Senate as amended and was referred to the House Judiciary Committee, but no further
action was taken. HB 1329 of 2019, a similar bill, received a hearing in the House Judiciary
Committee, but no further action was taken. Its cross file, SB 595, received a hearing in
the Senate Judicial Proceedings Committee, but no further action was taken.
HB 885/ Page 2
Designated Cross File: SB 666 (Senator Peters) - Judicial Proceedings.
Information Source(s): Judiciary (Administrative Office of the Courts); Department of
Legislative Services
Fiscal Note History:    First Reader - February 21, 2021
rh/jkb                  Third Reader - March 22, 2021
Analysis by: Tyler Allard                           Direct Inquiries to:
                                                    (410) 946-5510
                                                    (301) 970-5510
HB 885/ Page 3