QUESTION 2 - Constitutional Amendment
Circuit Court in Banc Decisions
Allows appeals to the Court of Special Appeals from a decision by an in banc circuit court
(Amending Article IV-Judiciary Department)
This constitutional amendment establishes the right of a party who did not request in banc review by the circuit court to appeal an adverse decision by the in banc court to the State's intermediate appellate court, the Court of Special Appeals. The amendment provides that a party in a circuit court trial conducted by less than three circuit court judges is eligible for in banc review. The amendment establishes that three judges of a circuit court constitute a circuit court in banc. The amendment repeals the authority of the circuit courts to regulate the rules governing in banc circuit court appeals, and establishes that the Maryland Rules are to provide the procedure for such appeals. The amendment also eliminates obsolete language pertaining to writs of error from this provision of the Constitution.