Community Guide to the Courts Council for Court Excellence Improving Justice for the Community COMMUNITY GUIDE TO THE COURTS Describing the State and Federal Courts in the District of Columbia, Maryland, and Virginia Published by THE COUNCIL FOR COURT EXCELLENCE Copyright © 2008 1111 14th Street, N.W. Suite 500 Washington, D.C. 20005 Phone: 202.785.5917 Fax: 202.785.5922 Email: [email protected] Web: http://www.courtexcellence.org 1 FOREWORD When Community Guide to the Courts, formerly known as A Citizen’s Guide to the Courts, was first printed, it was the tenth educational publica- tion produced by the Council for Court Excellence as a public service to the Metropolitan Washington Community. The first edition of this guide, pub- lished in 1989, was also the Council's first public education booklet describing the local and federal courts in the Washington Metropolitan area, and explaining in simple terms the court process for typical civil, criminal, and juvenile cases. The Court Guide has been updated and is being republished to serve two purposes: 1) to give practical information to members of the community involved or interested in the court system; and 2) to provide an education- al supplement to those learning about the judicial branch of government. The content and orientation of this publication is in plain language in keeping with the Council for Court Excellence’s commitment to increase public awareness about the courts, and to encourage greater public under- standing of and support for the justice system. 2008 EDITION provided constructive suggestions and ACKNOWLEDGEMENTS updates: Nancy Mayer-Whittington, Many organizations and individuals Clerk, U.S. District Court for the contributed to the development of this District of Columbia; and Duane B. Guide. The Council for Court Delaney, Clerk, Superior Court of the Excellence would like to take this oppor- District of Columbia. tunity to formally acknowledge those The following Council for Court involved. The Council especially thanks Excellence Board members also the GEICO Philanthropic Foundation reviewed and commented on the Court for its generous contribution to under- Guide: Susan Brinkerhoff, Esq.; Cary M. write this publication and for its support Feldman, Esq.; Leslye Givarz; Steven for many years of Council for Court Schneebaum, Esq.; Kenneth G. Stallard, Excellence community education publi- Esq.; Administrative Law Judge Arabella cations. Teal; and Theodore Whitehouse, Esq. Like the previous edition, the Court Finally, thanks to the Council for Guide underwent numerous drafts and Court Excellence staff and current and was reviewed by many people in and former interns who worked on this outside the courts. The Council is update: Julio C. Lainez, Program indebted to the many justice system offi- Analyst; Rebecca Krystosek, Intern; cials and Council for Court Excellence Saida Khanukayev, Intern. Board members who generously con- tributed their knowledge and time to the June B. Kress Court Guide. Executive Director Special thanks are extended to the following court officials who reviewed March 2008 previous drafts of the Court Guide and 2 TABLE OF CONTENTS General Introduction ..........................4 FEDERAL COURTS IN THE WASHINGTON, D.C. I. Introduction to the Judicial METROPOLITAN AREA........................19 Branch of Government ....................5 District of Columbia TYPES OF COURTS ................................5 Maryland Trial Courts Virginia Appellate Courts DIAGRAM OF THE Specialized Courts FEDERAL COURT SYSTEM..................19 TYPES OF LAW ........................................7 VI. Civil Action ..................................20 Criminal Law Civil Law DESCRIPTION OF A TYPICAL CIVIL CASE ..........................20 JURIES ......................................................8 Pleadings Petit Jury Discovery Grand Jury Motions Jury Service Trial II. The District of Columbia SETTLING DISPUTES Court System..................................10 OUT OF COURT ....................................21 DESCRIPTION OF THE COURTS ......10 General Introduction Superior Court Arbitration Mediation Court of Appeals ADR Programs in the D.C. Area DIAGRAM OF THE DISTRICT OF VII. Criminal Action ..........................23 COLUMBIA COURT SYSTEM ..............13 CRIMINAL PROCEDURE ....................23 III. The Maryland Court System ......14 Arrest Procedure Initial Appearance DESCRIPTION OF THE COURTS Preliminary Hearing District Court Indictment Circuit Court Arraignment Orphan’s Court Pre-Trial Motions and Hearings Court of Special Appeals Trial Court of Appeals Sentencing DIAGRAM OF THE VIII. Juvenile Proceedings ................26 MARYLAND COURT SYSTEM ............15 IV. The Virginia Court System ..........16 JUVENILE PROCEDURE ......................26 Pre-Trial Proceeding DESCRIPTION OF THE COURTS ......16 Alternatives to Trial District Court Trial Circuit Court Disposition Court of Appeals IX. How to Find a Lawyer ..................28 Supreme Court District of Columbia DIAGRAM OF THE Maryland VIRGINIA COURT SYSTEM ................17 Virginia V. The Federal Court System ............18 X. Directory of the Courts ................30 DESCRIPTION OF THE COURTS ......18 Federal Courts General Structure District of Columbia Court System U.S. District Court Maryland Court System U.S. Circuit Court of Appeals Virginia Court System U.S. Supreme Court XI. Glossary of Legal Terms ..............32 XII. Organizational Resources ..........36 3 GENERAL INTRODUCTION Community Guide to the Courts in the Washington, D.C. Metropolitan Area is a comprehensive guide to the various courts in the District of Columbia, Maryland, and Virginia. The purpose of the Community Guide is to set forth the structure of the court systems, state and federal, and to describe the functions and roles of the judicial branch of government. The Guide has the following objectives: 1. To provide the public with a working knowledge of their state and federal court systems; 2. To help the public understand the functions of the various courts; 3. To describe the typical process for civil, criminal and juvenile cases; 4. To assist the public with locating courthouses, understanding everyday legal terms, and, when necessary, finding a lawyer. The first section provides a basic introduction to the judiciary and the purposes of courts. Section I also contains an overview of court structure, types of law such as criminal and civil, and the role of juries in the court system. Sections II, III and IV describe the court systems in the District of Columbia, Maryland, and the Commonwealth of Virginia, respectively. Each of these sections provides information on the jurisdiction of the trial court and the appeals process. Section V is a summary description of the Federal Court system. Included in this section are references to the principal federal courts located in the District of Columbia, Maryland and Virginia. Sections VI, VII, and VIII provide descriptions of typical civil, criminal, and juve- nile court actions. The final sections include useful information for locating a lawyer, obtaining legal advice, the locations of the state and federal courts in the Washington D.C. region, and a glossary of terms. Throughout the Guide, legal terms that appear in italics are defined in this glossary. Whether you are a participant in the court system or a student of the judiciary, the Community Guide to the Courts provides an easy-to-understand description of state and federal courts and many legal procedures. Throughout the Guide, legal terms that appear in italics are defined in the Glossary, beginning on page 32. 4 THE JUDICIAL BRANCH OF GOVERNMENT At both state and federal levels, the government is organized into three sep- arate and co-equal branches–Legislative, Executive, and Judicial. Each branch of the government has a specific role. The Legislative branch is responsible for making the laws; the Executive branch carries out or enforces the laws; and the Judicial branch (the court system) interprets the laws and decides disputes about the laws. Courts serve many purposes and functions in the American system of government. The most obvious purpose is to interpret or apply the law. In a larger sense, their purpose is to do justice, to settle disputes peacefully, and to assure that everyone has an equal opportunity to prove their case or defend a lawsuit filed against them. TYPES OF COURTS sider more significant civil and criminal In both the federal and state court cases. Many courts of general jurisdiction systems, there are basically two types of also review appeals from courts of limit- courts with which citizens come into ed jurisdiction. contact: trial courts and appellate In the federal system, trial courts are courts. In addition to these general called United States District Courts. types, there are numerous other courts District courts primarily hear cases in the state system that perform a spe- involving violations of federal law. More cialized role, such as small claims courts, information on district courts is provid- juvenile courts, and housing courts. The ed in Section V, The Federal Court federal court system also has certain spe- System. cialized courts such as bankruptcy and tax courts, which handle only certain Appellate Courts types of legal disputes. The principal function of an appel- late court is to review a trial court’s Trial Courts actions and decisions, and to decide The function of a trial court is to whether the trial judge properly fol- receive and consider evidence