separation of powers

Apr 6, 2023

Md. high court explains unanimous rejection of Cox’s challenge to early vote counting

The Maryland Supreme Court’s rejection of failed Republican gubernatorial candidate Daniel Cox’s challenge to the pre-Election Day counting of mail-in ballots was unanimous.

The Maryland Supreme Court (formerly the Court of Appeals) building in Annapolis. MF-D 9/20/04.
Jan 26, 2023

Md. high court finds no private cause of action in county ethics case

Separation of powers generally bars court challenges to a commission decision allegedly reached by the vote of a member with a personal stake, the Maryland Supreme Court ruled.

The Maryland Supreme Court (formerly the Court of Appeals) building in Annapolis. MF-D 9/20/04.
Sep 12, 2022

Skeptical Md. high court reviews Calvert County zoning ethics case

Local residents may challenge a commission’s zoning decision they allege was unlawfully reached based on the vote of a commissioner with a personal stake in the outcome, their attorney told a skeptical Maryland high court.

Apr 28, 2022

High court upholds Barbera’s statute-of-limitations suspension

Maryland’s then top judge acted within her constitutional authority in suspending the deadline for filing civil claims as she closed the clerks’ offices to stanch the spread of the COVID-19 virus, the state’s high court unanimously ruled Wednesday. In its 7-0 decision, the Court of Appeals rejected arguments that former Chief Judge Mary Ellen Barbera […]

Maryland Court of Appeals
Mar 25, 2022

Md. high court will review Calvert County ethics case

Maryland’s top court will consider whether local residents can challenge in court a county commission’s zoning decision that they allege was unlawfully reached based on the vote of a commissioner who had a personal stake in the outcome. The Court of Appeals on Friday agreed to review lower court decisions that the Calvert County residents’ […]

Feb 7, 2022

Human Rights Campaign faces racial bias allegation

Welcome to Monday, the 118th anniversary of the Great Baltimore Fire. Here are some more news items. — Fired Human Rights Campaign president sues the group for alleged racial bias. — Tunisia’s president takes aim at nation’s judiciary. — Bill Cosby invokes the Fifth Amendment again. — Was Sarah Palin harmed by a New York […]

Jan 31, 2022

Judges call Hogan’s judicial transparency proposal unconstitutional

Judges oppose Gov. Larry Hogan’s call for a bill requiring that a commission compile the sentences each circuit court judge renders against violent criminals.

Dec 3, 2021

Challenge to statute-of-limitations suspension appears doomed at Md. high court

Maryland’s top court appears poised to uphold the constitutionality of its then-chief judge’s order suspending the deadline for filing civil claims when she closed the clerks’ offices last year to stanch the spread of the COVID-19 virus. Several Court of Appeals judges on Friday pointedly questioned an attorney who argued that the constitutional authority to […]

Sep 21, 2021

Barbera’s statute-of-limitations suspension was unconstitutional, attorney says

Maryland’s then top judge violated the state Constitution by suspending the deadline for filing civil claims when she closed the clerks’ offices to stanch the spread of the COVID-19 virus, a civil-defense attorney told Maryland’s top court Monday. In papers filed with the Court of Appeals, Joseph L. Katz said the constitutional authority to alter […]

Feb 4, 2020

Baltimore judge assails constitutionality of Hogan’s judicial scorecard

ANNAPOLIS – A Baltimore judge Tuesday assailed as constitutionally suspect Gov. Larry Hogan’s legislative proposal to require a state commission to compile the violent crime sentences handed down by each Maryland circuit court judge, saying the bill could spur harsher sentences from jurists fearful of being criticized by the governor as too lenient. Hogan’s proposed […]

Apr 30, 2018

Steven K. Fedder: On this Law Day, thoughts on gerrymandering

In high school, we were taught there were three separate but equal branches of government. But in practice, separation of powers, this year’s theme for the American Bar Association’s Law Day (celebrated each year May 1), has been more of an ephemeral goal than reality.

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