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Oyez, oyez, oyez: Maryland’s highest court now reigns ‘Supreme’

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Maryland鈥檚 highest courts are getting a makeover.

On Wednesday, the seven-member Court of Appeals, the top rung on the state鈥檚 legal ladder, was formally renamed the Supreme Court of Maryland. And the state鈥檚 second-highest court, the Court of Special Appeals, was renamed the Appellate Court of Maryland.



The name change became official when Gov. Larry Hogan (R) signed a proclamation announcing that a majority of voters approved a referendum on the proposed change last month. Three-quarters of Maryland voters approved the name change, which appeared as Question 1 on the ballot; 25% of voters opposed it.

The General Assembly approved the referendum at the urging of former Chief Judge Mary Ellen Barbera, who retired a year ago. She believed the old names caused confusion.

鈥淎lthough the names are changing, Maryland鈥檚 highest courts and the entire Judiciary remain steadfastly committed to upholding the rule of law and achieving our mission of providing fair, efficient, and effective justice for all,鈥 said Chief Justice Matthew Fader in a statement after Hogan signed the proclamation Wednesday.

鈥淭his is a welcome and much-needed change,鈥 said Chief Judge E. Gregory Wells, head of the Appellate Court. 鈥淗opefully the voter-approved constitutional change in the names of both courts clears up any confusion among the public, lawyers and judges from other jurisdictions about the roles of our respective courts.鈥

Judges serving on the two courts will now be referred to as the justices of the Supreme Court and the Appellate Court, with the leader of the highest court taking the title chief justice. Until now, the jurists have been called judge and chief judge.

Northing changes when it comes to the appellate courts鈥 rules, procedures and precedents, officials stressed. Toward that end, the courts鈥 Standing Committee on Rules of Practice and Procedure held an emergency meeting online Wednesday to discuss the new names and the various updates that will be needed going forward.

鈥淭here are hundreds of references to the former names of those Courts throughout the Maryland Rules,鈥 the court system said in a statement, 鈥渁nd the process of updating those references to conform to this Rule are underway.鈥

Supporters of the changes said the new names better describe the role the two courts play in Maryland鈥檚 legal system. Having a 鈥淪upreme鈥 court brings Maryland in line with the vast majority of other states.

鈥淚t鈥檚 very much overdue,鈥 said former state Attorney General Doug Gansler (D). 鈥淭here鈥檚 no reason, other than nostalgia, to keep the old names.鈥 A one-time law clerk for former Court of Appeals Court Judge John F. McAuliffe, Gansler called the changes 鈥渆xciting.鈥

Shaoli Katana, director of advocacy initiatives and member engagement for the Maryland State Bar Association, said the name changes will help both the public and the professionals. 鈥淲e have in-state members. We have out-of-state members. We have law students, paralegals,鈥 she said. 鈥淲e have a lot of people who got confused by [the old names] over the years.鈥

The signage outside the Courts of Appeal Building in Annapolis will not change, said Bradley Tanner, public information officer for the Maryland Judiciary. He said there is 鈥渙ngoing discussion鈥 about whether to update a sign that points visitors to 鈥淭he Courts of Appeal Building and State Law Library.鈥

He said there is no budget for the changes, since the costs associated with them are largely personnel and administrative in nature, he added. Tanner said the Judiciary is not permitted to spend funds on new letterhead until its existing inventory has been used.

Paul Kemp, who has practiced law in Maryland for nearly 50 years, said he liked the state鈥檚 traditional names, in part because they made Maryland distinctive. That aside, he said, 鈥渋t probably is a good idea, so that people from around the state and around the world understand that the [Supreme Court] is the highest court.鈥

Kemp said he has argued approximately 20 cases before the top courts over his career. One thing that won鈥檛 change, he said, is that lawyers who argue their first case before the Supreme Court probably won鈥檛 get much sleep the night before.

鈥淭hey鈥檙e probably awake all night, thinking of this, thinking of that,鈥 he said. 鈥淭hey fall off to sleep and then wake up 45 minutes later.鈥

Unlike in Circuit Court, Kemp said, appeals court judges often start firing questions at attorneys mere seconds after they begin their presentations. 鈥淭hat stays the same,鈥 he said. 鈥淣o question about it.鈥

The Supreme Court of Maryland will convene for the first time under its new name on Jan. 6. The court will hold a special ceremony to mark the occasion.



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