HOWARD COUNTY

JUDICIAL BRANCH

ORIGIN & FUNCTIONS

CIRCUIT COURT

For the counties, Circuit Courts were established to succeed the County Courts in 1851 (Constitution of 1851, Art. IV, secs. 8, 9).

Former Howard County Courthouse, 8360 Court Ave., Ellicott City, Maryland, May 2018. Photo by Diane F. Evartt.

Nominated by trial courts judicial nominating commissions, Circuit Court judges are appointed by the Governor and then must successfully stand for election to continue in office for a term of fifteen years. 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 (Const., Art. IV, sec. 5). 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 (Const., Art. IV, secs. 3, 5, 11, 12, 19-26).

In July 2021, the Circuit Court moved from the Courthouse at 8360 Court Ave., Ellicott City to 9250 Judicial Way, Ellicott City, and on July 6, 2021, the new Circuit Courthouse opened to the public.

Former Howard County Courthouse, 8360 Court Ave., Ellicott City, Maryland, May 2018. Photo by Diane F. Evartt.

Today, the Clerk of the Circuit Court is elected by the voters to a four-year term (Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Const., Art. IV, secs. 25-26; Code Courts & Judicial Proceedings Article, secs. 2-201 through 2-213).

Civil File Room, Office of Circuit Court Clerk, Former Howard County Courthouse, 8360 Court Ave., Ellicott City, Maryland, May 2018. Photo by Diane F. Evartt.

Civil Department, Office of Circuit Court Clerk, Former Howard County Courthouse, 8360 Court Ave., Ellicott City, Maryland, May 2018. Photo by Diane F. Evartt.

The Clerk oversees four departments: Civil, Criminal, Juvenile, and Land Records and Licensing.

LAND RECORDS & LICENSING DEPARTMENT
The Land Records and Licensing Department serves as custodian for the recording and maintenance of all public records connected with real estate in the County. Its research room is open to the public. Information is obtained by self-research and copies are readily available for a fee. By law, the Clerk's Office is prohibited from providing legal assistance or performing title searches.

The Land Records and License Department formerly was in the Thomas Dorsey Building, 9250 Bendix Road, Columbia. When the new County Courthouse opened in July 2021, the Department moved there with the rest of the Circuit Court Clerk's departments.

JURY SERVICES DEPARTMENT

Law Library, Former Howard County Courthouse, 8360 Court Ave., Ellicott City, Maryland, May 2018. Photo by Diane F. Evartt.

For grand juries and trial juries, the Jury Services Department is responsible for providing qualified prospective jurors. Heading the Department, the Jury Commissioner coordinates jury management; maintains and monitors the jury summons process; and schedules jurors for Circuit Court appearances.

Serving on a jury is part of the responsibility of being a citizen. The Declaration of Rights, part of the Maryland Constitution, makes provision for juries (Articles 5, 21, 23), as does State Law (Code Courts & Judicial Proceedings Article, secs. 8-101 through 8-507).

Grand Jury. A grand jury evaluates the State’s Attorney's evidence against a person, and decides whether there is probable cause for a criminal charge. This process protects the accused and the public from unwarranted prosecution. It forces the State to show that it is seeking a conviction based on more than rumor or speculation. Prosecuted by the State's Attorney, criminal cases are brought by the State against one or more people accused of committing a crime. The person accused of the crime is the defendant. The State must prove "beyond a reasonable doubt" that the defendant committed the alleged crime.

Hallway, Former Howard County Courthouse, 8360 Court Ave., Ellicott City, Maryland, May 2018. Photo by Diane F. Evartt.

A grand jury is a group of up to 23 people who are called together to receive and hear evidence to determine whether probable cause exists to charge someone with a crime, and to conduct certain investigations.

Trial Jury. A trial jury listens to evidence in a courtroom, and decides the guilt or innocence of a defendant in a criminal case, or the liability and damages of parties in a civil case. Civil cases are disputes between private individuals, corporations, governments, government agencies, or other organizations. Usually, the party that brings the suit (the plaintiff) asks for money damages for some wrong alleged to have been done by the defendant.

A trial jury is generally made up of twelve people for criminal cases, and six for civil cases.

SHERIFF
Under Maryland's first State Consitutiton of 1776, two sheriffs were to be elected in each county by the voters. One of these would be commissioned as Sheriff by the Governor to serve a three-year term. In the event of death, removal, or other incapacity of the incumbant, the "second" sheriff could replace him. At that time, to be eligible for the office of Sheriff, a person had to have been at least twenty-one years of age, a County resident, and a holder of real and personal property valued at one thousand pounds current money (Constitution of 1776, sec. 42).

By 1851, while the qualifications for office remained almost the same, the property requirement was removed, and a two-year term was adopted. Also, provision was made for Baltimore City to have a sheriff. Anyone interested in becoming sheriff had to have been a citizen of the State for the five years preceding the election (Constitution of 1851, Art. IV, sec. 20).

With the Constitution of 1864, for the first time, voters began to directly elect one sheriff for each county and Baltimore City. To qualify for office, the minimum age was raised to at least twenty-five (Constitution of 1864, Art. IV, sec. 49).

The Constitution of 1867 did not alter the requirements of office (Const. of 1867, Art. IV, sec. 44). By constitutional amendment in 1922, the term of office was lengthened to four years (Chapter 227, Acts of 1922, ratified Nov. 7, 1922; Const., Art. XVII, sec. 7).

An officer of the Circuit Court, the Sheriff is elected by the voters to a four-year term. To be eligible for the office of Sheriff, a person must be at least twenty-five years of age and must have been a County resident for at least five years immediately preceding election (Const., Art. IV, sec. 44; Code Courts & Judicial Proceedings Article, secs. 2-301 through 2-311).

DISTRICT COURT

District Court/Multi-Service Center, 3451 Court House Drive, Ellicott City, Maryland, October 2014. Photo by Diane F. Evartt.

Small claims (civil cases involving amounts not exceeding $5,000) also come under the jurisdiction of the District Court. In civil cases involving amounts over $5,000 (but not exceeding $30,000), 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 (Code Courts & Judicial Proceedings Article, secs. 1-601 through 1-608, 2-601 through 2-607, 4-101 through 4-405, 6-403, 7-301, 7-302, 9-201, 11-402, 11-701 through 11-703, 12-401 through 12-404; Code Criminal Procedure Article, sec. 6-101; Code Family Law Article, secs. 4-501 through 4-510).

District Court judges are appointed to ten-year terms, by the Governor with Senate consent. They do not stand for election (Const., Art. IV, sec. 41D).

ADULT DRUG COURT & DUI (DRIVING UNDER THE INFLUENCE) COURT
In Howard County, the Adult Drug Court and DUI Court began under the District Court in 2004.

The rigorous drug and alcohol treatment programs offered by these courts combine judicial oversight with intensive treatment and supervision.

ADMINISTRATION
The Administrative Clerk in each district maintains and operates the clerical staff and work within the district, including dockets, records, and all necessary papers (Code Courts & Judicial Proceedings Article, secs. 2-603).

Upon recommendation of the District Administrative Judge, the Chief Judge of the District Court appoints the Administrative Clerk (Const., Art. IV, sec. 41F).

COMMISSIONERS
District commissioners issue arrest warrants, and set bail or collateral.

Commissioners in a district are appointed by and serve at the pleasure of the District Administrative Judge, with approval of the Chief Judge of the District Court (Const., Art. IV, sec. 41(a)(2); Code Courts & Judicial Proceedings Article, secs. 2-602, 2-607).

ORPHANS' COURT

Former Howard County Courthouse (from below Court Ave.), Ellicott City, Maryland, May 2018. Photo by Diane F. Evartt

The Orphans' Court supervises the handling of estates of people who have died (with or without a will) while owning property in their sole name. The Court also has jurisdiction over guardianships of minors

Those Circuit Court judges who sit as an Orphans' Court are responsible for approving administration accounts, and making sure that only appropriate payments are made from estate assets and that distributions are made to the proper beneficiaries or heirs. Generally, payment of attorney's fees or personal representative's commissions made from estate assets also must be approved by the Court.

REGISTER OF WILLS

Office of Register of Wills, Former Howard County Courthouse, 8360 Court Ave., Ellicott City, Maryland, May 2018. Photo by Diane F. Evartt.

Certain support services, such as payroll, maintenance of accounting records, and related fiscal functions, are provided to the Register of Wills by the Comptroller of Maryland.

Elected by the voters, the Register serves a four-year term (Const., Art. IV, sec. 41; Code Estates & Trusts Article, secs. 2-201 through 2-212).

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