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U.S. Deportment of Justice Office of Justice Programs NatJonallnstitute of Justice

-NATIONAL CRIMINAL JUSTICE REFEREI'JCE SERVICE National Institute of Justice • United States Department of Justice • Washington, D.C. 20531

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ANNUAL REPORT' OF THE MARYLAND JUDICIARY 1988-1989

Administrative Office of the Courts Courts of Appeal Building Post Office Box 431 Annapolis, Maryland 21404 3011974·2141 122917 U.S. Department of Justice National Institute of Justice

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COVER: Fort McHenry National Monument and Historic Shrine, , Maryland

Report prepared by the Administrative Office of the Courts Michael V. 0 'Mallev Peter 1 Lally - Faye Gaskin Norma P. Gainer Contents

Letter of Transmittal ...... v Introduction ...... vii Judicial Revenues and Expenditures ...... 1 The Maryland Courts ...... 7 The Court of Appeals ...... 11 The Court of Special Appeals ...... 21 The Circuit Courts ...... 33 The Di~trict Court .... , ....-...... 73 Judicial Administration ...... 89 Administrative Office of the Courts ...... 91 Judicial Education and Information Services ...... 92 Judiciallnformation Systems ...... 93 Judicial Special Projects...... 94 Judicial Research and Planning Services ...... 94 Judicial Administrative Services ...... 94 Judicial Personnel Services ...... 95 Sentenchig Guidelines ...... 95 Liaison with the Legislative and Executive Branches ...... 96 Circuit Court Administration ...... 96 District Court of Maryland ...... 96 Assignment of Judges ...... 98 Court-Related Units ...... 99 Board of Law Examiners ...... 101 Rules Committee ...... 103 State Law Library ...... , ...... 105 Attorney Grievance Commission ...... 106 . Clients' Security Trust Fund ...... 107 Judicial Conferences ...... 109 The Maryland Judicial Conference ...... 111 Conference of Circuit Judges ...... 112 Administrative Judges Committee of the District Court ...... 113 Appointment, Discipline, and Removal of Judges ...... 115 Judicial Nominating Commissions ...... 117 Removal and Discipline of Judges ...... 121 The Commission on Judicial Disabilities ...... 121 1989 Legislation Affecting the Courts ...... 123 Listing of Tables and Definitions ...... 127 Listing of Tables ...... 129 Definitions ...... 131

iii Letter of Transmittal

ADMINISTRATIVE OFFICE OF THE COURTS

COURTS OF APPEAL BUILDING ANNAPOLIS, MARYLAND 21401 974·2141

STATE COURT ADMINISTRATOR DEPUTY STATE COURT ADM1NISTRA'J"OR JAMES H. NORRIS. JR. ROBERT w. McKEEVER

September 15, 1989

This is the thirteenth Annual Repon of the Maryland Judiciary which includes the thirty-fourth Annual Report of the Administrative Office of the Courts, as required by § 13-101 (d)(9) of the Courts Article. The report covers Fiscal Year 1989, beginning July 1, 1988 and ending June 30, 1989. The report provides the most accurate data on the operations and functions of the courts of Maryland, providing not only statistical information on each court but an overview of the judicial system in Maryland. It is hoped that this will provide a ready source of information for an understanding of the structure and operations of the courts of Maryland. We, in the Administrative Office of the Courts, are indebted to the clerks of the appellate courts, the circuit courts of the counties and Baltimore City and of the District Court of Maryland for their invaluable assistance in providing the statistics on which most of this report is based. My thanks to them and all those whose talents contributed to the preparation of this publication.

James H. Norris, Jr. State Court Administrator

TTY 'OR DEAl": ANN ... ,.OLIS AREA ,.874-;a.08 WASHINGTON AREA "US, 040110

v Introduction

RO!5ERT C. MURPHY CHIC!" ,JUDGE COURT OT A.PPEALS OF" MARYLAND COURTS 0,. APPEo\t. BUILDING ANHAPOLIS, MARYLAND 21"'01

September 15, 1989 As in each of the years since the Annual Report of the Maryland Judiciary was fIrst published, the number of cases fIled in our courts increased over that of the prior year. As a result of a recent change in the monetary amount necessary to invoke the jurisdiction of the United States District Court in diversity of citizenship cases, state court dockets will be impacted by a number of these cases formerly filed in the federal court system. Fortunately, in its 1989 Session, the General Assembly of Maryland granted our request for four additional judgeships: two each in the District Court and in the circuit courts. The Annual Report sets forth a detailed portrait of the functions, responsibilities and accomplishments of the judicial branch of our state government. It is designed in a form well calculated to permit the public and departments of government to quickly grasp the magnitude of judicial branch operations. As always, the excellence of judicial branch operations is due to the judges and supporting staff who strive so mightily, despite an ever-increasing workload, to fairly and efficiently discharge their public mission.

Robert C. Murphy Chief Judge of the Court of Appeals of Maryland

vii - .'

.. ' -

.'" -_. 3

Judicial Revenues and Expenditures

State and local costs to support the operations of the judicial branch of government were approximately $148,699,902 in Fiscal 1989. The judicial branch consists of the Court of Appeals; the Court of Special Appeals; the circuit courts; the District Court of JUdicial Personnel Maryland; the clerks' offices and headquarters of the Court of Appeals 7 several courts; the Administrative Office of the Courts; Court of Special Appeals 13 the Standing Committee on Rules of Practice and Circuit Court 114 Procedure of the Court of Appeals; the State Board District Court 93 of Law Examiners; the Maryland State Law Library; Nonjudicial Personnel and the Commission on Judicial Disabilities. There Court of Appeals 29 were 227 judicial positions as of June 30, 1989, and Court of Special Appeals 57 District Court 1,110 3,169 nonjudicial positions in the judicial branch. Administrative Office of the Courts 136 The state-funded judiciary budget operates on a Court-Related Offices program budget and expended $81,861,664 in the State Board of Law Examiners 5 twelve-month period ending June 30, 1989. The two Standing Committee on Rules appellate courts and the clerks' offices are funded by of Practice and Procedure 3 two programs. Another program pays the salaries and State Law Library 15 official travel costs for the circuit court judges. The State Reporter 2 largest program is the state-funded District Court Circuit Courts 2 which expended $51,735,118, but brought in general Circuit Courts-Local Funding 744.4 revenue of $52,062,040 in Fiscal 1989. The -Allocated Positions 1,065.5 Judicial Conference contains funds for continuing Total 3,395.9* judicial education and Conference activities. Remain­ ing programs provide funds for the Administrative *Includes allocated and contractual positions. Office of the Courts, the MarylandStMe Law Library,

Baltimore Skyline 4 Annual Repon of the Maryland Judiciary

JUDICIAL BUDGET O.8o,~ ---HUMAN RESOURCES 7.2%

"'--PUBLIC SAFETY 5.5%

State funded portion ofjudicial expenditures (shown as solid area) as a percentage of total state expenditures in Fiscal 1989

Actual Actual Actual Program FY 1987 FY 1988 FY 1989

Court of Appeals $ 69,218 $ 68,930 $ 58,286 Court of Special Appeals 64,766 66,587 72,607 State Board of Law Examiners 393,303 399,104 398,124 District Court 43,267,460 47,790,429 52,062,040

TOTAL $43,794,747 $48,325,050 $52,591,057

* Revenues come from filing fees, fines, bail forfeitures arid court costs remitted to the State's general fund and are not available to offset expenditures.

Actual Actual Actual Program FY 1987 FY 1988 FY 1989

Court of Appeals $ 1,916,858 $ 1,968,524 $ 2,096,298 Cpurt of Special Appeals 3,501,379 3,531,353 3,758,778 Circuit Courts 12,215,344 13,082,276 15,023,573 District Court 40,945,123 46,690,338 51,735,118 Maryland Judicial Conference 84,495 70,876 63,398 Administrative Office of the Courts 1,555,808 1,487,506 1,573,334 Court-Related Agencies 736,830 730,141 726,051 Maryland State Law Library 468,759 503,723 518,478 Judicial Data Processing 5,535,969 5,426,921 6,366,636

TOTAL $66,960,565 $73,491,658 81,861,664

* Expenditures are paid from annual appropriations by the legislature to the judiciary budget. Judicial R!",'L'IlfIfS ami Etp('fldilllrcs 5

Judicial Data Processing, the Standing Committee on the case. All court-related revenue collected by these Rules of Practice and Procedure, the State Board of offices is now remitted to the State general fund and Law Examiners, the State Reporter, and the Com­ cannot be used to offset expenditures. Expenses for mission on Judicial Disabilities. Fiscal 1989 were $35,530,033. The Attorney Grievance Commission and the Other circuit courts are funded locally by Clients' Security Trust Fund are supported by Maryland's 23 counties and Baltimore City. In Fiscal assessments paid by lawyers entitled to practice in 1989, the appropriations by the local subdivisions were Maryland. These supporting funds are not included approximately $31.3 million. Court-related revenues in the Judicial budget. collected by the circuit courts from sources other than The figures and the tables show the state-funded fines, forfeitures, and appearance fees are minimal. judicial revenue and expenditures for Fiscal 1989. The This money comes from such sources as fees and court-related revenue of almost $52.6 million is remitted to the State's general fund and cannot be charges in domestic relations matters and service used to offset expenditures. charges in collecting nonsupport. Fines, forfeitures, and The total state budget was $9.9 billion in Fiscal certain appearance fees are returned to the subdivisions '89. The illustration reflects that the state-funded for various purposes, primarily for the support of the judicial budget consumes but a tiny fraction of the local court library. entire state budget, approximately 0.8 of one percent. The chart, illustrating the contributions by the Effective July 1, 1987, operating costs for the State, the clerks' offices, and the local subdivisions clerks' offices of the circuit courts are paid from State to support the judicial branch of government, shows appropriations. Prior to that date, they were paid from that the State portion accounts for approximately 55% filing fees, court costs, commissions collected, and a of all costs, while the local subdivisions and the clerks' deficiency fund paid by the State. This is no longer offices account for 21 % and 24%, respe