Maryland. Court of Special Appeals

By a constitutional amendment in 1966, the General Assembly created the Court of Special Appeals to act as an intermediate appellate court to ease a substantial backlog in the Court of Appeals. At first, the new court consisted of five judges, one from each of five appellate districts elected for fifteen-year terms. The Court heard appeals in all criminal cases except those in which the death penalty had been imposed.

Over the years, both the membership and jurisdiction of the Court have expanded. In 1970, the number of judges increased to nine, one each from the first five appellate districts, two from the sixth, and two from the state at large (Laws of 1970, ch. 99). The law also gave the Court jurisdiction in civil negligence cases, including those involving motor vehicle accidents and Workers' Compensation. The number of judges elected at large was increased to three, raising total membership to ten (Laws of 1972, ch. 361). Jurisdiction was enlarged further to include equity, orphan's court, and zoning issues.

In 1974, the membership was again expanded by adding another two judges to be elected from the state at large. The jurisdiction was not then increased, but in 1977, the Court was given the right to hear appeals of any reviewable judgment, order, or decree of a circuit or orphans' court, except capital punishment cases (Laws of 1977, ch. 252). Appeal in such areas as post-conviction, habeas corpus matters involving denial of or excessive bail, and inmate grievances were also placed within the Court's jurisdiction. The 1977 act also added another member at large and reduced the term of office to ten years. The Court sits in panels of three, but a hearing or re-hearing before all thirteen members may be ordered by a majority of the Court's judges.