Government of Maryland

The Government of Maryland is conducted according to the state constitution. The United States is a federation; consequently, the Government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.

Power in Maryland is divided among three branches of government: executive, legislative, and judicial. Unlike most other states, significant autonomy is granted to many of Maryland's counties.

Most of the business of government is done in Annapolis, the State capital. Virtually all state and county elections are held in even numbered years not divisible by four, in which the President of the United States is not elected - this, as in other states, is intended to divide State and Federal politics.

Constitution

The current Maryland Constitution, which establishes and limits the state government, was ratified by the people on September 18, 1867. It was preceded by three other state constitutions, the first of which was adopted on November 8, 1776. The document begins with a Declaration of Rights similar to, but broader than, the U.S. Bill of Rights. This Declaration places numerous limits and restraints upon the state's government in an attempt to protect the rights of the people. It states:

That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient.

Amendments to the constitution are proposed by the state legislature with a three-fifths vote in both chambers. Amendments must then be ratified by a simple majority of the people voting on the question at the next general election. The most recent amendment was approved in 2002. Maryland's republican form of government is guaranteed by the United States constitution.

Executive branch

The constitution establishes five principal executive branch officers, as described below. Four of them are elected statewide, the governor and lieutenant governor (who are elected on the same ticket), the attorney general, and the comptroller. The fifth, the treasurer is elected by a joint ballot of both houses of the General Assembly.

Governor

As in all states, a popularly elected governor heads Maryland's executive branch. Robert Ehrlich is the current Governor of Maryland, whose cabinet is known as the Executive Council. Like most state chief executives, the Maryland governor is elected to serve a four-year term. He or she is term limited to serve no more than two consecutive terms. The Governor is elected under the plurality system.

The governor has power to veto laws passed by the state's legislature and, like most of the nation's governors, also has a line item veto, which can be used to strike certain portions of appropriations bills. The state legislature can override a veto by a three-fifths (60%) vote of the total number of members in each house. This is different from most states, which usually require a higher two-thirds (67%) vote to override a veto.

The appointment powers of the governor are extensive, as he or she appoints almost all military and civil officers of the State subject to the advice and consent of the Senate. In addition to appointing the heads of major departments, boards, and commissions of the State government, the Governor appoints certain boards and commissions in each county and the City of Baltimore, as provided for by law. The Governor also commissions notaries public and appoints persons to fill vacancies in the offices of Attorney General and Comptroller (both of which are normally elected by the people) and also to fill vacant seats in the General Assembly. Any officer appointed by the Governor (except interim members of the General Assembly) is removable by him for cause.

The governor is commander-in-chief of the military forces of the State, the Maryland National Guard, except when such forces are called into the national service by the President of the United States, as well as the Maryland Defense Force. In times of public emergency the Governor has certain emergency powers as defined by law.

Lieutenant Governor

The Maryland Lieutenant Governor, currently Michael Steele, is elected on the same ticket as the state's Governor and is nominally the second highest ranking official in the state. The position was first created by the short-lived Maryland Constitution of 1864 and functioned from 1865 to 1868 before being abolished by the state's present constitution, which was ratified in 1867. The position was re-established by Constitutional amendment in 1970, under which the Lieutenant Governor "shall have only the duties delegated to him by the Governor."

The Maryland Lieutenant Governorship is therefore weaker than the office in most other states which have one (several states don't one). For instance, in many states, including Texas, the Lieutenant Governor is the President of the State's Senate and in California the Lieutenant Governor assumes all of the Governor's powers when he or she is out of the state. In both of those states, as in some others, the Lieutenant Governor is elected in his or her own right, independently of the state's Governor.

In practice, Maryland's Lieutenant Governor attends cabinet meetings, chairs various task forces and commissions, represents the state at ceremonial functions and at events which the Governor cannot attend, and advises the Governor. If there is a vacancy in the office of the Governor, the Lieutenant Governor becomes the Governor. A vacancy in the Lieutenant Governorship is filled by a person nominated by the Governor and confirmed by a majority vote of the General Assembly voting in joint session.

Attorney General

The Attorney General, as of 2005 former Lieutenant Governor J. Joseph Curran, is the chief legal officer of the State and is elected by the people every four years with no term limits. To run for the office a person must be a citizen of and qualified voter in Maryland and must have resided and practiced law in the state for at least ten years.

The Attorney General has general charge, supervision and direction of the legal business of the State. He or she is the legal advisor and representative of the Governor, the General Assembly, the Judiciary, and the major departments, various boards, commissions, officials and institutions of State Government. The Office further represents the State in all cases pending in the Appellate Courts of the State, and in the United States Supreme Court and lower Federal Courts.

Comptroller

The Comptroller, as of 2004 former Governor William Donald Schaefer, is the state's chief financial officer and is also elected by the people for a four year term. The comptroller is not term-limited. The office was established by the Maryland Constitution of 1851 due to concern about the potential for fraud and corruption in the administration of the public treasury. The constitutional duties of the office begin with the broad mandate to exercise "general superintendence of the fiscal affairs of the State", which includes collecting taxes and maintaining the general ledger. The Comptroller (or a deputy) countersigns all checks drawn by the State Treasurer upon the deposits of the State. The Comptroller also prescribes the formalities for transfer of other evidence of State debt and countersigns such papers.

In addition, the comptroller's office audits taxpayers for compliance, handles delinquent tax collection, and enforces license and unclaimed property laws. The agency publicizes forgotten bank accounts, insurance benefits and other unclaimed assets of taxpayers. Acting as Maryland's chief accountant, the comptroller pays the state's bills, maintains its books, prepares financial reports, and pays state employees.

Treasurer

The Treasurer (currently Nancy K. Kopp) is the principal custodian of the State's cash deposits, monies from bond sales, and other securities and collateral and directs the investments of those assets. The Treasurer is elected by a joint ballot of both houses of the General Assembly, a tradition begun starting with the Maryland Constitution of 1851, which also created the Board of Public Works (see below).

Because of the close relationship with the General Assembly, the Treasurer briefs the members of the Legislature on matters concerning the State Treasury. The Treasurer is also responsible for producing an annual report to provide the Governor, the General Assembly, and the public with current information about the operations of the State Treasurer's Office.

Board of Public Works

The State Board of Public Works was first created by the state Constitution of 1851 and is comprised of the Governor, who chairs it, the Comptroller, and the Treasurer. The three-member board is quite powerful and there is no other state that has a similar institution. The board, which generally meets twice a month, reviews and approves capital projects, procurement contracts, and the acquisition, use, and transfer of State assets, in order to assure that executive decisions are made responsibly and responsively.

Legislative branch

The state's legislative branch is styled the General Assembly and consists of a 47-member Senate and a 141-member House of Delegates. It meets each year for 90 days to act on more than 2300 bills including the State's annual budget. The 418th Session began January 14, 2004 and adjourned April 12, 2004. Like the governor, members of both houses serve four-year terms. Each house elects its own officers, judges the qualifications and election of its own members, establishes rules for the conduct of its business, and may punish or expel its own members.

The current pattern for distribution of seats began with the legislative apportionment plan of 1972 and has been revised every ten years thereafter according to the results of the decennial U.S. Census. A Constitutional amendment, the plan created 47 legislative districts, many of which cross county boundaries to delineate districts relatively equal in population. Each legislative district elects one senator and three delegates. Some of the larger districts are divided into delegate subdistricts to provide local representation to areas not large enough to constitute an entire legislative district.

The Senate is lead by a President and the House by a Speaker whose respective duties and prerogatives enable them to influence the legislative process significantly. The President and the Speaker appoint the members of most committees and name their chairs and vice-chairs, except in the case of the Joint Committee on Investigation whose members elect their own officers. The President and Speaker preside over the daily sessions of their respective chambers, maintaining decorum and deciding points of order. As legislation is introduced, they assign it to a standing committee for consideration and a public hearing.

Judicial branch

Courts of Appeal

The Maryland Court of Appeals is the highest court in the state. In addition to being the court of last resort for the state, the Court of Appeals also administers and sets rules and guidelines for the state's court system. It has original jurisdiction in only a few areas and hears most cases on appeal. The court has seven judges, one from each of the state's seven appellate judicial circuits, which are presently as follows:

• 1st Appellate Judicial Circuit: Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico & Worcester counties
• 2nd Appellate Judicial Circuit: Baltimore County & Harford County
• 3rd Appellate Judicial Circuit: Allegany, Carroll, Frederick, Garrett, Howard & Washington counties
• 4th Appellate Judicial Circuit: Prince George's County
• 5th Appellate Judicial Circuit: Anne Arundel, Calvert, Charles & St. Mary's counties
• 6th Appellate Judicial Circuit: Baltimore City
• 7th Appellate Judicial Circuit: Montgomery County, Maryland

In order to ease the caseload of the Court of Appeals, the state's second highest court, the Court of Special Appeals, was created in 1966, following a constitutional amendment. Except as otherwise provided by law, the Court of Special Appeals has exclusive initial appellate jurisdiction over any reviewable judgment, decree, order, or other action of a circuit court or an orphans' court, except for appeals in criminal cases in which the death penalty is imposed. Generally, it hears cases appealed from the circuit courts.

Judges of the Court of Special Appeals are empowered to sit in panels of three. A hearing or rehearing of a case en banc, in which all of the Court's judges sit, may be ordered in any case by a majority of the Court's incumbent judges. The court has thirteen judges, one from each of the state's seven judicial appellate circuits and six at-large judges.

Judges on both appellate courts are appointed by the Governor, with the consent of the Senate and the approval of the people, for 10 years. This system is similar to the Missouri Plan, which is used in 11 states to fill judicial appointments, in that voters get to decide whether or not to continue a judge in office. However, it is different in that the Governor's choice in who to appoint is not limited by a Judicial Selection Commission and the State Senate must confirm the nominee before he or she takes office.

Circuit Courts

Circuit Courts are the highest common law and equity courts of record exercising original jurisdiction within Maryland. Each has full common law and equity powers and jurisdiction in all civil and criminal cases within its county or counties, and all the additional powers and jurisdiction conferred by the Maryland Constitution and by law, except where jurisdiction has been limited or conferred exclusively upon another tribunal by law. The 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 and certain administrative agencies.

The state is divided into 8 judicial circuits, which are presently as follows:

• 1st Judicial Circuit (7 judges): Dorchester (1 judge), Somerset (1 judge), Wicomico (3 judges) & Worcester (2 judges) counties
• 2nd Judicial Circuit (7 judges): Caroline (1 judge), Cecil (3 judges), Kent (1 judge), Queen Anne's(1 judge) & Talbot (1 judge) counties
• 3rd Judicial Circuit (21 judges): Baltimore County (16 judges) & Harford County (5 judges)
• 4th Judicial Circuit (7 judges): Allegany (2 judges), Garrett (1 judge) & Washington (4 judges) counties
• 5th Judicial Circuit (18 judges): Anne Arundel (10 judges), Carroll (3 judges) & Howard (5 judges) counties
• 6th Judicial Circuit (24 judges): Frederick (4 judges) & Montgomery (20 judges) counties
• 7th Judicial Circuit (32 judges): Calvert (2 judges), Charles (4 judges), Prince George's (23 judges) & St Mary's (3 judges) counties
• 8th Judicial Circuit (30 judges): Baltimore City

Unlike other Maryland courts, the Circuit Court has no chief judge. Instead, eight circuit administrative judges perform administrative duties in each of their respective circuits. Each Circuit Court judge is appointed by the Governor (with Senate confirmation) and then must stand for election. 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. 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.

District Court

The Maryland District Court has jurisdiction in minor civil and criminal matters, and in virtually all violations of the Motor Vehicle Law. Created by a constitutional amendment in 1970, the court began operating in July 1971. It replaced the justices of the peace, the county trial magistrates, the People's Courts (in certain counties), and various minor courts. With statewide jurisdiction, the Court functions in every county and Baltimore City.

The exclusive jurisdiction of the District Court generally includes all landlord and tenant cases; replevin actions; motor vehicle violations; and criminal cases if the penalty is less than three years imprisonment or does not exceed a fine of $2,500, or both. The District Court has concurrent jurisdiction in misdemeanors and certain enumerated felonies, but has little equity jurisdiction. Small claims (civil cases involving amounts not exceeding $2,500) also come under the jurisdiction of the District Court. In civil cases involving amounts over $2,500 (but not exceeding $25,000), 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.

District Court judges are appointed by the Governor to ten-year terms, subject to Senate confirmation. Unlike other judges in the state, they do not stand for election. As of October 2003, some 105 judges, including the Chief Judge, who is designated by the Chief Judge of the Court of Appeals, serve on the Court. As the District Court's administrative head, its Chief Judge appoints administrative judges for each of the twelve districts, subject to the approval of the Chief Judge of the Court of Appeals. Administered centrally, the District Court of Maryland is funded totally by the State.

The District Court of Maryland is divided into twelve geographical districts as follows:

• District 1 (26 judges): Baltimore City
• District 2 (5 judges): Dorchester (1 judge), Somerset (1 judge), Wicomico (2 judges) & Worcester (1 judge) counties
• District 3 (6 judges): Caroline (1 judge), Cecil (2 judges), Kent (1 judge), Queen Anne's (1 judge) & Talbot(1 judge) counties
• District 4 (4 judges): Calvert (1 judge), Charles (2 judges) & St. Mary's (1 judge) counties
• District 5 (13 judges): Prince George's County
• District 6 (11 judges): Montgomery County
• District 7 (8 judges): Anne Arundel County
• District 8 (13 judges): Baltimore County
• District 9 (4 judges): Harford County
• District 10 (7 judges): Carroll (2 judges) & Howard (5 judges) counties
• District 11 (5 judges): Frederick (3 judges) & Washington (2 judges) counties
• District 12 (3 judges): Allegany (2 judges) & Garrett (1 judge) counties

Local government

At the local level, Maryland is notable among U.S. states for both having a relatively small number of local governments and for allowing strong county governments. In many states, counties are administrative divisions with little authority, and most local government is at the town or city level. This is not true for Maryland's 23 counties, some of which have substantial authority. There are three forms of county government available to the state's counties. Note that the municipal government of Baltimore City, while not formally a county government, is typically considered to be on par with them. Including Baltimore, there are 157 incorporated cities in Maryland.

Commissioner counties

County commissioners were first authorized in 1827 and commissioner counties do not have constitutional home rule power. That is, they may not legislate on local matters without the prior specific consent of the General Assembly and in those areas where they do have authority it is narrowly construed. As a result of this, the General Assembly spends considerable time dealing with local issues, ordinances, and expenditures. The Constitution adopted in 1867 kept the power to pass public local laws vested in the General Assembly, which gave a lot of control over county government to county delegations in the General Assembly.

Currently, 17 counties are run by commissioners. They are: Allegany, Calvert, Caroline, Carroll, Cecil, Charles, Dorchester, Frederick, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester Counties.

Charter counties

Due partly to the large amount of time spent by the state legislature on local matters, the Maryland Constitution was amended in 1915 to allow counties the option of operating under a charter form of government. To adopt this form of government, the voters of the county must approve the charter which their charter board drafts. Once ratified, this gives the county control over almost all local matters, though power to regulate elections and to license and regulate the manufacture and sale of alcoholic beverages is reserved to the General Assembly. Some counties which operate under charters have a county executive while others vest executive functions along with legislative functions in the county council.

Currently, eight counties, including the most populous ones, and the City of Baltimore operate under the charter form of government. They are: Anne Arundel, Baltimore, Harford, Howard, Montgomery, Prince George's, Talbot, and Wicomico Counties along with Baltimore City.

Code counties

Due to the reluctance of many counties to adopt a charter form of government, despite wanting a measure of home rule, the Maryland Constitution was again amended in 1966 to create the code county status. If two thirds of a county's commissioners adopt a resolution that the county become a code county and a majority of the voters approve of the resolution, the county becomes a code county. In a code county the commissioners have home-rule powers and may enact legislation in the areas of the "express powers" of the charter counties, except there is no elected council or charter. In addition, the commissioners retain all the powers they previously had as a commissioner county.

Currently, five counties operate as code counties. They are: Allegany, Caroline, Kent, Queen Anne's, and Worcester Counties.

Maryland and the national government

Maryland was the seventh state to ratify the United States Constitution, on April 28, 1788. Maryland elects two United States Senators and eight members of the United States House of Representatives. The state is served by the U.S. District Court for the District of Maryland (with two divisions, sitting in Baltimore and Greenbelt) and federal appeals from the state go to the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. The Census Bureau classifies Maryland as one of the southern states.