Commissioner’s districts

In 1827, the General Assembly authorized elected boards of county commissioners for each county. According to the state constitution, the General Assembly retains full authority to enact laws for county commissioners. County commissioners have no authority to act in local affairs without the express prior consent of the General Assembly. In the areas where they do have the power to make laws, that power is narrowly construed; it is limited to areas authorized by the General Assembly, applicable law, or state local laws. The constitution, adopted in 1867, retained the power of the General Assembly to enact state local laws, giving county delegations to the General Assembly great control over county government. As a result, the General Assembly spends a great deal of time dealing with local issues, ordinances, and expenditures.

In 2010, Cecil County voters passed a resolution to become a charter district and subsequently elected Tari Moore as the county’s first executive director.

Charter counties

Partly because the state legislature spent a lot of time dealing with local issues, the Maryland Constitution was amended in 1915 to allow counties to operate under a charter form of government with significant self-governance powers. In order to adopt this form of government, the voters of a county must approve a charter drafted by their charter board.

Charter districts are governed by an elected county board, which has the power to enact laws on almost all local matters. Their powers are interpreted broadly, although the General Assembly retains the authority to regulate elections, the production and sale of alcoholic beverages. The General Assembly also retains significant taxing authority, with the exception of Baltimore and Montgomery counties. Some counties that operate under a charter have a separately elected county executive, while others give executive functions along with legislative functions to a county council.

County home rule codes

Because of the reluctance of many counties to adopt the charter form of government, despite the fact that they desired some degree of self-government, the Maryland Constitution was again amended in 1966 to create a third class of county government, the status of “code self-government.” If two-thirds of the county commissioners pass a resolution that the county become a code county and a majority of the voters approve the resolution, the county becomes a code county. In a code county, the county commissioners have the powers of self-government and can enact legislation in the areas of “express powers” of charter counties. In addition, commissioners retain all the powers of commissioners in commissioner districts. However, charter counties are subject to stricter debt limits than charter counties. The General Assembly can only enact laws for code counties as a class.

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The Maryland Supreme Court is the highest court in the state. In addition to being the court of last resort for the state, the Supreme Court also administers the state’s court system and sets rules and guidelines. It has original jurisdiction in only a few areas and hears most cases on appeal. Until 2022, the Supreme Court was called the Court of Appeals, but a 2022 constitutional amendment changed the name to its current title. The court has seven justices, one from each of the state’s seven appellate judicial districts, which are currently as follows:

• 1st Appellate Judicial District: Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties;
• 2nd Circuit Court of Appeals: Baltimore County and Harford County;
• 3rd Circuit Court of Appeals: Allegany, Carroll, Frederick, Garrett, Howard, and Washington Counties;
• 4th Circuit Court of Appeals: Prince George’s County;
• 5th Judicial Circuit of Appeals: Anne Arundel, Calvert, Charles and St. Mary’s counties;
• 6th Circuit Court of Appeals: Baltimore City;
• 7th Circuit Court of Appeals: Montgomery County.

Court of appeals

In order to reduce the workload of the Supreme Court, the state’s second court, the Court of Appeals was created in 1966 by a constitutional amendment. Except as otherwise provided by law, the Court of Appeals has exclusive appellate jurisdiction over any judgment, decree, order, or other action of the circuit court or orphans’ court that is subject to review, except for appeals in criminal cases in which the death penalty is imposed. It usually reviews cases appealed from district courts. Until 2022, the Court of Appeal was called the Special Court of Appeal, but a 2022 constitutional amendment changed its name to the current one.

Judges of the Court of Appeal have the right to sit in panels of three. A hearing or rehearing of a case en banc, in which all the judges of the Court participate, may be issued in any case by a majority of the sitting judges of the Court. The Court is composed of thirteen judges, one from each of the state’s seven judicial appellate districts and six judges in the liberal courts.

The Supreme Court and Court of Appeals judges are appointed by the governor with the consent of the Senate and the approval of the people for 10-year terms. This system is similar to the Missouri plan, which is used in 11 states for judicial appointments, in that voters have the right to decide whether to retain a judge or not. However, it differs in that the governor’s choice of whom to appoint is not limited to the Judicial Selection Commission, and the state Senate must confirm the nominee before the judge takes office.

District courts

Circuit courts are the highest courts of common law and equity that exercise original jurisdiction in Maryland. Each has all the power and jurisdiction at common law and in equity in all civil and criminal matters in its county or counties, and all additional powers and jurisdiction granted by the Maryland Constitution and by law, except where jurisdiction has been limited or transferred exclusively to another court by law. Circuit courts are trial courts of general jurisdiction. Their jurisdiction is very broad, but usually covers large civil cases and more serious criminal cases. District courts can also decide appeals from the district court and certain administrative agencies. Cases may be tried by jury if the amount in controversy exceeds USD 15,000. Juries are limited to district courts.

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Despite provisions for a statewide vote every 20 years on whether to call a constitutional convention, repeated attempts to repeal the 1867 document-with its unnecessary details, outdated concerns, and silence on issues of contemporary interest-have failed. However, the document has been amended some 200 times.

The governor, who serves a four-year term, can be re-elected only once. A reorganization of the state government in 1969-72 consolidated several hundred separate agencies, boards, and commissions into 12 departments.

The state’s bicameral legislature, the General Assembly, consists of a 47-member Senate and a 141-member House of Delegates. Members of each chamber serve four-year terms and are eligible for re-election for an indefinite period. A reorganization in the 1960s ended the legislature’s dominance in rural areas and transferred power to counties bordering Baltimore and Washington, D.C.

The seven-member Court of Appeals is the highest court; below it are the intermediate special appellate court, district and circuit courts, and the Orphans’ Court, which handles wills, estates, and other inheritance matters. Judges are appointed by the governor; however, to retain their positions, they must run in the next election after appointment, and in Baltimore, Circuit Court judges must run against anyone who files an opposition. Appellate judges are elected for 10-year terms and circuit judges for 15-year terms.

To avoid the higher costs associated with incorporation as a governmental entity, many of Maryland’s most populous areas remain unincorporated, with services provided on a countywide basis. Historically, the emphasis in Maryland has been on the county government providing most local services. A constitutional amendment allows for self-government for counties under a special charter. A charter county is governed by a county executive and a county council, both elected for four-year terms; the council is authorized to make all local laws. Eleven mostly rural counties are still governed by elected boards of county commissioners. The city of Baltimore, a separate jurisdiction, is governed by an elected mayor and city council, as well as a mostly appointed Board of Estimates.

Since the 20th century, elections in Maryland, while free of the intimidation, poll taxes, and other obstacles to voting rights practiced in some places in the South, have often been influenced by machine politics. A larger group of voters consistently register as Democrats, and the Democratic Party has usually, but not always, dominated elections. A GOP candidate can expect to do well in the western counties, one or two southern enclaves, the eastern seaboard, and some affluent suburban Maryland neighborhoods. Baltimore, with its tradition of party leadership, is a Democratic stronghold.

In the 19th century, Baltimore hosted numerous presidential nominating conventions, but since 1912, none have been held there. In 1969, Marylanders elected their first Jewish governor, in 1970 their first black congressman, and in 1986 their first female U.S. senator.

Health and welfare

Healthcare is a major economic activity in Maryland. Baltimore has become a well-known center for healthcare and medical research with renowned facilities at Johns Hopkins University and University of Maryland hospitals. The Walter Reed National Military Medical Center in Bethesda is one of the country’s most renowned military medical facilities and oversees the health care of U.S. presidents.

The Department of Health and Mental Hygiene, in addition to overseeing county services, provides treatment for alcoholism, drug addiction, developmental disabilities, mental illness, and other health and behavioral problems. The department is also actively engaged in preventive medicine, for example, by providing educational programs against drug abuse. The state’s Shock Trauma Center at the University of Maryland Medical Center in Baltimore flies seriously injured people from anywhere in the state by helicopter within one hour for immediate life-saving treatment.

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Constitutional Offices

The chief executive officer of Maryland is the Governor, who is elected by the voters to a four-year term in every even-numbered year that is not a presidential election year. The governor is responsible for ensuring that the laws of Maryland are effectively executed; that appointments are made as required by the Constitution or law; and that a budget is presented annually to the legislature. As commander-in-chief of the armed forces, the Governor ensures that the state’s armed forces are capable of meeting any emergency. The governor appoints judges to the state judiciary and can veto laws passed by the Legislative Assembly. The governor is assisted by a lieutenant governor, who is elected by a joint vote with the gubernatorial candidate. The duties of the lieutenant governor are limited to those appointed by the governor. The governor and lieutenant governor must be at least thirty years of age and have been a resident and voter of Maryland for the five years immediately preceding the election.

Other state officials are also provided for in the Constitution. The Maryland State Comptroller manages the financial affairs of the state. The State Treasurer keeps records of all deposits and disbursements into or out of the State Treasury. The Secretary of State attests to the Governor’s signature on all public documents and oversees all executive orders, commissions, and appointments. The Attorney General is the legal advisor to the governor, the legislature, and all state departments, boards, and most commissions. Voters elect the comptroller and attorney general. The State Treasurer is elected by a joint vote of both houses of the General Assembly, and the Secretary of State is appointed by the Governor. Each of these executive officers serves a four-year term.

An important body of the executive department is the Board of Public Works, which is composed of the Governor, the Maryland State Comptroller, and the State Treasurer. The Board approves all amounts spent through state borrowing, most capital improvements, and the sale, lease, or transfer of all real property owned by the state.

Departments

Between 1969 and 1972, the executive branch of government was reorganized to consolidate agencies performing related functions into a new departmental structure. The General Assembly created twelve cabinet-level departments covering nearly 250 separate government entities. In the order of their creation, the twelve departments were: Health and Mental Hygiene, Budget and Fiscal Planning, Natural Resources, State Planning, Personnel, General Services, Human Resources, Public Safety and Correctional Services, Licensing and Regulation, Economic and Community Development, Transportation, and Agriculture. In 1976, the State Department of Education became the lead department, and in 1983, the Department of Employment and Training was created.

In 1987, the General Assembly approved the second major reorganization of the government. The Department of Economic and Community Development and the Department of Employment and Training were abolished. Their functions were reorganized into the Department of Economic and Employment Development and the Department of Housing and Community Development. In the same year, the Department of Environment was created to assume environmental responsibilities previously overseen by the Department of Health and Mental Hygiene and the Department of Natural Resources. In 1989, the General Assembly transferred the responsibilities of the Department of State Planning to other agencies and formed a new Department of Juvenile Services.

Independent agencies

Some state agencies whose purpose or functions do not allow for easy integration into one of the nineteen cabinet-level agencies have remained independent. Examples of such independent agencies include the State Department of Assessments and Taxation, the State Board of Elections, the Civil Service Commission, and the University System of Maryland.

Executive Commissions and Task Forces

The executive departments and independent agencies are supplemented by special study commissions and task forces at the discretion of the Governor and the General Assembly.

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The General Assembly passes all laws necessary for the welfare of the state’s citizens, as well as some laws relating to counties and special taxing districts. It also determines how public funds are to be distributed; and adopts amendments to the state constitution, which are subject to ratification by the voters. Bills can be introduced in either house. Once approved by both houses and signed by the governor, bills become law. Current laws are collected in the Annotated Code of Maryland.

Senate and House of Delegates. Like all states except Nebraska, Maryland has a bicameral legislature. The lower house is the House of Delegates and the upper house is the Senate. Representatives to both chambers are elected every gubernatorial election year for a four-year term. Candidates for the House of Delegates must be at least twenty-one years old, and for the Senate at least twenty-five years old. The House of Delegates consists of 141 members, and the Senate has 47 members. Both chambers meet annually on the second Wednesday of January for a 90-day session. Sessions may be extended by resolution of both chambers, and special sessions may be called by the governor. The legislature may also request the governor to call a special session.

Committees. To facilitate its work during and between sessions, the General Assembly assigns work to various committees. These include standing committees that review and make recommendations on bills. They also include joint committees, often statutory committees, composed of members of both the Senate and the House of Delegates.

Legislative bodies. The legislative branch also includes the Department of Legislative Services. The Department assists in the preparation of legislation and maintains information services necessary for legislators and the public. In addition, the Department prepares fiscal impact reports and monitors financial functions for the General Assembly.

Budget. One of the most important tasks of the General Assembly, which requires close coordination and consultation with the executive branch, is the adoption of the annual budget for the Maryland state government. The Constitution stipulates that the Governor is required to submit the annual budget to the General Assembly within five days after the beginning of each legislative session. Maryland’s budget must be balanced – it must not exceed expected revenues (Const., Art., III, sec. 52). This requirement prevents deficit spending and largely explains the state’s excellent bond rating. Reflecting the principle of separation of powers in state government, the governor must include in the budget the unchanged requests from the legislature and judiciary, as well as an estimate of the costs necessary to operate public schools. In addition to these items and other obligations for certain public debts and public salaries specified in the Constitution, the governor has considerable authority to determine which programs and institutions to fund from the budget. Thus, the budget process is the main policy-making tool for the governor. Supplementary budgets may be submitted by the Governor after the annual budget is adopted, but all requests for such funds must be consistent with additional expected revenues.

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