CALVERT COUNTY, MARYLAND

JUDICIAL BRANCH

ORIGIN & FUNCTIONS

CIRCUIT COURT

[photo, Calvert County Courthouse, 175 Main St., Prince Frederick, Maryland]

Circuit Courts originated in the colonial period as County Courts. In 1775, just before the Revolutionary War, their functions were suspended. After Maryland adopted its first State Constitution in 1776, the County Courts reopened and justices were appointed for every county in April 1777.

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

Calvert County Courthouse, 175 Main St., Prince Frederick, Maryland, September 2004. Photo by Diane F. Evartt.

Circuit Courts are trial courts of general jurisdiction. Their jurisdiction is very broad but generally covers major civil cases and more serious criminal matters. Circuit Courts also may decide appeals from the District Court of Maryland and certain administrative agencies.

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).

CLERK

In 1776, Maryland's first constitution authorized County Court justices to appoint clerks for their respective courts (Constitution of 1776, sec. 47). By 1836, the Governor was empowered to name county court clerks to seven-year terms (Chapter 224, Acts of 1836, confirmed by Chapter 160, Acts of 1837).

When Circuit Courts were established to succeed the County Courts in 1851, provision was made for a clerk to serve the court in each county (Constitution of 1851, Art. IV, sec. 14). The Constitution of 1851 also provided that the voters would elect the Clerk to a six-year term. In 1926, the Clerk's term was shortened to four years (Const., Art. XVII, added by Chapter 227, Acts of 1922, ratified Nov. 7, 1922; Const., Art. IV, sec. 25).

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).

For the public, the Circuit Court Clerk performs certain court duties, such as filing, docketing, and maintaining legal records; recording documents that involve title to real estate; and collecting the fees, commissions, and taxes related to these functions. The Clerk also issues certain licenses. In this process, the Clerk's Office collects and distributes funds on behalf of the State, and Calvert County and its municipalities.

Operating expenses for the Clerk's Office primarily come from State General Funds, and certain support services, such as payroll and invoice processing and maintenance of budgetary accounting records, are provided by the Adminstrative Office of the Courts.

The Clerk of the Circuit Court oversees Jury Services, the Trust Clerk, and six departments: Civil, Criminal, Family, Fiscal Accounting, Juvenile, and Land Records and Licensing.

JURY SERVICES

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.

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.

COURT ADMINISTRATION

The Court Administrator directs the Assignment Office, Family Support Services, and the Law Library; and helps administer the Adult Treatment Court and the Truancy Court.

ADULT TREATMENT COURT

FAMILY SUPPORT SERVICES
In cases involving family law, Family Support Services provides mediation in custody matters; custody investigations; and trained personnel to respond to emergencies. It also offers mental health evaluations for alcohol and drug abuse; and information services, including procedural assistance to self-represented litigants (Maryland Rule 16-204).

SHERIFF

In Calvert County, the position of Sheriff was established in 1654. Today, the Sheriff's Office serves as the primary law enforcement agency for the County.

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).

Sheriff's Office, 30 Church St., Prince Frederick, Maryland, July 2015. Photo by Diane F. Evartt.

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).

Sheriff's Office, 30 Church St., Prince Frederick, Maryland, July 2006. Photo by Diane F. Evartt.

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).

Under the Sheriff's Office are the Detention Center, and four bureaus: Administrative and Judicial Services, Criminal Investigations, Patrol, and Special Operations and Homeland Security.

ADMINISTRATIVE & JUDICIAL SERVICES BUREAU
All documents generated by the Circuit Court, District Court, and Juvenile Court are received and processed by the Administrative and Judical Services Bureau. This includes all summonses and subpoenas for both civil and criminal cases. The Bureau also oversees Courthouse security, Sheriff's sales, evictions, and recruitment.

CRIMINAL INVESTIGATIONS BUREAU
The Criminal Investigations Bureau conducts investigations of serious crimes, and major drug cases; and conducts searches for critical missing persons. It also administers polygraph examinations.

DETENTION CENTER

For Calvert County, origins of the Detention Center trace to the first jail built in the 1650s at "Prison Point" between Battle Creek and the Patuxent River. A 1677 probate record indicates that Edward Keene was owed payment for "building the Court house and Prison" (Prerogative Court, Inventories and Accounts no. 4, f. 154). The jail's location at Battle Creek was renamed Calverton in 1683. In 1725, the county seat was moved to Williams Old Fields, which lay midway between Calverton and Huntingtown (Chapter 11, Acts of 1725). By the same act, Williams Old Fields was renamed Prince Frederick Town.

Detention Center, 325 Stafford Road, Barstow, Maryland, November 2017. Photo by Diane F. Evartt.

After fire destroyed the Courthouse at Prince Frederick in 1748, the General Assembly authorized funds for its replacement and for a jail (Chapter 18, Acts of 1748; Chapter 5, Acts of 1749). This second courthouse and jail at Prince Frederick apparently stood until the British torched them on July 19, 1814. Again, the General Assembly authorized funds to repair and rebuild (Chapter 158, Acts of 1816; Chapter 105, Acts of 1817). This third courthouse and jail at Prince Frederick survived until March 3, 1882, when flames engulfed almost the whole town. Rebuilding followed (Chapter 91, Acts of 1884). By 1914, the old courthouse and presumably the jail were razed and reconstructed (Chapter 436, Acts of 1914).

From 1914 until the early 1950s, the jail was in its own building behind the Courthouse. Thereafter, it was placed within the Courthouse. Due to overcrowding, a new jail was built and opened at Barstow on September 5, 1978. Again due to overcrowding, the jail was expanded at the same site to almost double its capacity and renamed the Detention Center.

WORK RELEASE

Work Release Program

PATROL BUREAU
The Patrol Bureau is responsible for Community Policing, Patrol Coverage (24-hour), and Traffic Enforcement in Calvert County.

Work Release Facility, Stafford Road, Barstow, Maryland, November 2017. Photo by Diane F. Evartt.

SPECIAL OPERATIONS & HOMELAND SECURITY BUREAU
Created in 2006, the Special Operations and Homeland Security Bureau serves high-risk search warrants; facilitates court-ordered emergency commitments for mental evaluation; and conducts land searches for critically missing or wanted persons. The Bureau also provides security on-site and off shore for the Cove Point Dominion Liquid Natural Gas Plant, and serves as a first responder in case of an emergency at the Gas Plant, or at Calvert Cliffs Nuclear Power Plant.

DISTRICT COURT

The District Court of Maryland began operating as a court of record in July 1971. It had been created by constitutional amendment in 1970 (Chapter 789, Acts of 1969, ratified Nov. 3, 1970; Const., Art. IV, secs. 41A through 41-I). In Calvert County, the Court replaced the county trial magistrates.

Louis L. Goldstein District Court/Multi-Service Center, 200 Duke St., Prince Frederick, Maryland, November 2019. Photo by Diane F. Evartt.

In minor civil and criminal matters, and in virtually all violations of the Motor Vehicle Law, the District Court has jurisdiction. The exclusive jurisdiction of the District Court generally includes all landlord and tenant cases; replevin actions; motor vehicle violations; and criminal cases if the penalty is less than three years imprisonment or does not exceed a fine of $2,500, or both. The District Court has concurrent jurisdiction in misdemeanors and certain enumerated felonies, but has little equity jurisdiction.

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 1957, Art. 27, secs. 586, 594D, 616 1/ 2, 643A; Code Courts and 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 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).

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

Functions of the Orphans' Court began in the colonial period under the Prerogative Court, headed by the Commissary General. For each county, a deputy commissary was appointed to handle matters relating to the administration of estates. In February 1777, an Orphans' Court was authorized in each county to serve as the County's probate court.(Chapter 8, Acts of 1777).

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

Orphans' Court judges 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.

Calvert County Courthouse, 175 Main St., Prince Frederick, Maryland, September 2004. Photo by Diane F. Evartt.

Elected by the voters to four-year terms, three judges comprise the Orphans' Court. To be eligible for the office of Orphans' Court Judge, a person must have been a citizen of the State and County resident for at least one year immediately preceding election (Const., Art. IV, sec. 40; Code Estates & Trusts Article, secs. 2-101 through 2-109). The Chief Judge is designated by the Governor (Code Estates & Trusts Article, sec. 2-107).

REGISTER OF WILLS
In 1776, the office of Register of Wills was authorized for each county by Maryland's first Constitution (Constitution of 1776, sec. 41). Originally, the Register of Wills was appointed by the Governor upon joint recommendation of the Senate and House of Delegates. With the Constitution of 1851, however, the voters began to directly elect the Register to a six-year term (Constitution of 1851, Art. IV, sec. 18; Constitution of 1864, Art. IV, sec. 46; Constitution of 1867, Art. IV, sec. 41). In 1922, quadrennial elections were authorized for registers of wills, and instituted in 1926 (Chapter 227, Acts of 1922, ratified 1924; Const., Art. XVII, sec. 7).

The Register of Wills serves as clerk to the Orphans' Court, overseeing the administration of decedents' estates, and providing assistance (such as providing proper forms) to persons administering those estates. The Register also collects inheritance taxes and other fees. Inheritance tax collections (less the commissions earned on those collections) are remitted to the State's General Fund.

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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