Those who missed the application deadline to succeed retired Judge James R. Eyler on the Court of Special Appeals will have a second chance, as the vacancy will be readvertised.
The reopening results from the Appellate Judicial Nominating Commission’s submission of only two names to Gov. Martin O’Malley as candidates to succeed Eyler: Daniel A. Friedman, counsel to the General Assembly, and Public Service Commission Chairman Douglas R.M. Nazarian.
A third nominee, attorney Andrew H. Baida, remains in contention because he was approved by the nominating commission last year for an earlier vacancy on the intermediate appellate court. In December, O’Malley appointed Baltimore City Circuit Court Judge Stuart R. Berger to succeed Judge Ellen L. Hollander, who had joined the U.S. District Court in Baltimore.
The submission of only two names activated O’Malley’s executive order requiring a court vacancy to be readvertised if the commission submits fewer than three names for his consideration.
On Tuesday, Baida called it “an honor to be on the list” of candidates for the Court of Special Appeals. He is a partner at Rosenberg|Martin|Greenberg LLP in Baltimore, teaches appellate advocacy at the University of Maryland and University of Baltimore law schools and writes an occasional column, “The Art of Appellate Advocacy,” for The Daily Record.
Friedman declined to comment and Nazarian could not be reached on Tuesday evening.
O’Malley is expected to choose Eyler’s successor from among the names the commission submits to him. Eyler, who retired May 1, represented the 2nd Appellate Circuit, which comprises Harford and Baltimore counties.
Under the state’s judicial nominating process, candidates submitted to but not selected by O’Malley will automatically receive gubernatorial consideration for any 2nd Appellate Circuit or at-large vacancy on the Court of Special Appeals within two years of their nomination.
The committee declined to nominate James Kevin MacAlister, of Baltimore, and John Melvin Seeberger, of Dundalk, for Eyler’s post.