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Maryland Court of Appeals justice vacancy (September 2021)

From Ballotpedia


Maryland Supreme Court
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Barbera vacancy
Date:
September 10, 2021
Status:
Seat filled
Nomination
Nominee:
Steven Gould
Date:
September 3, 2021

Maryland GovernorLarry Hogan (R) appointedSteven Gould to theMaryland Court of Appeals on September 3, 2021.[1] Gould succeeded Chief JusticeMary Ellen Barbera, who retired on September 10, 2021, upon reaching the state court's mandatory retirement age of 70 years. Gould was Gov. Hogan's fifth nominee to the seven-member supreme court.

At the time of the vacancy under Maryland law, judges of theMaryland Court of Appeals were selected through theassisted appointment method. TheMaryland Judicial Nominating Commission screened candidates and submitted a shortlist to the governor. The governor would appoint a judge from the list and the appointee had to be confirmed by theMaryland State Senate.[2][3]

Ballotpedia has compiled the following resources on the process to fill the Maryland Court of Appeals vacancy:

The appointee

See also:Steven Gould

Steven Gould has served as a judge of theMaryland Court of Special Appeals. Gould was appointed to the court by Gov.Larry Hogan (R) on March 12, 2019.[1] TheMaryland State Senate confirmed the appointment on March 22, 2019.[4] Prior to becoming an appellate judge, Gould was a founding partner of Brown Gould Kiely, LLP, a law firm which he established in 1998.[5]

Gould earned a B.A. from the University of Pennsylvania in 1988 and aJ.D.,cum laude, from Boston University School of Law in 1992.[5]

The selection process

See also:Judicial selection in Maryland

At the time of the vacancy, theseven judges of theMaryland Court of Appeals were selected through theassisted appointment method. TheMaryland Judicial Nominating Commission would screen candidates and submit a shortlist to the governor. The governor had to appoint a judge from the list and the appointee had to then be confirmed by theMaryland State Senate.[2][3]

After serving for one year, judges would stand forretention in the next general election if they wished to remain on the court. If retained, a judge would win a full ten-year term.[2]


Makeup of the court

See also:Maryland Court of Appeals

Justices

Following Barbera's retirement, the Maryland Court of Appeals included the following members:

Brynja McDivitt BoothAppointed by Gov.Larry Hogan (R) in 2019
Robert N. McDonaldAppointed by Gov.Martin O'Malley (D) in 2011
Joseph GettyAppointed by Gov.Larry Hogan (R) in 2016
Michele D. HottenAppointed by Gov.Larry Hogan (R) in 2015
Jonathan BiranAppointed by Gov.Larry Hogan (R) in 2019
Shirley Marie WattsAppointed by Gov.Martin O'Malley (D) in 2013

About the court

TheAppellate Court of Maryland is theintermediate appellate court inMaryland. The court was established in 1966 to assist theMaryland Supreme Court with the appellate caseload. It is located in the Robert C. Murphy Courts of Appeal Building in Annapolis, Md. Unless the law states otherwise, the Court of Appeals considers any reviewable judgment, decree, order or other action of the circuit and orphans' courts.[6]

The Maryland Court of Special Appeals became the Appellate Court of Maryland, following a2022 constitutional amendment that changed the court's name. Prior to 2022, theMaryland Supreme Court was known as the Maryland Court of Appeals.[7]

The Appellate Court of Maryland has exclusive initial appellate jurisdiction to review judgments and orders issued by any of the state's circuit or orphans' courts. The lone exception is cases involving the death penalty; those go straight to theMaryland Supreme Court.[8]


About Chief Justice Barbera

See also:Mary Ellen Barbera
Mary Ellen Barbera.jpg

Chief JusticeMary Ellen Barbera joined theMaryland Court of Appeals in 2008. She was appointed to the court by GovernorMartin O'Malley (D).

Before serving on the state supreme court, Barbera served as a judge on the Maryland Court of Special Appeals. She served as a law clerk for Judge Robert Karwacki of theMaryland Court of Special Appeals in 1984, and in 1985 she became an assistant attorney general. From 1989 to 1998, Barbera worked for the Office of the Attorney General as the deputy chief of the Criminal Appeals Division. Barbera then served as legal counsel to the governor's office from 1998 until her appointment to the Court of Special Appeals.[9]

Barbera earned an undergraduate degree in early childhood education from Towson University in 1975. She earned aJ.D. from the University of Maryland School of Law in 1984.[9]

Other state supreme court appointments in 2021

See also:State supreme court vacancies, 2021

The following table lists vacancies on state supreme courts that opened in 2021. Click the link under theCourt column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2020.

2021 judicial vacancies filled by appointment
CourtDate of VacancyJusticeReasonDate Vacancy FilledSuccessor
South Dakota Supreme CourtJanuary 5, 2021David GilbertsonRetirementOctober 28, 2020Scott P. Myren
Colorado Supreme CourtJanuary 22, 2021Nathan CoatsRetirementNovember 20, 2020Maria Berkenkotter
Oklahoma Supreme CourtFebruary 1, 2021Tom ColbertRetirementJuly 26, 2021Dana Kuehn
Missouri Supreme CourtMarch 8, 2021Laura Denvir StithRetirementMay 24, 2021Robin Ransom
New York Supreme CourtMarch 23, 2021Paul G. FeinmanRetirementJune 8, 2021Anthony Cannataro
Arizona Supreme CourtApril 1, 2021Andrew W. GouldRetirementJuly 8, 2021Kathryn Hackett King
New York Supreme CourtJune 4, 2021Leslie SteinRetirementJune 8, 2021Madeline Singas
Texas Supreme CourtJune 11, 2021Eva GuzmanRetirementNovember 1, 2021Evan Young
Alaska Supreme CourtJune 30, 2021Joel BolgerRetirementJuly 7, 2021Jennifer Stuart Henderson
Idaho Supreme CourtJune 30, 2021Roger BurdickRetirementJune 1, 2021Colleen Zahn
New Mexico Supreme CourtJune 30, 2021Barbara J. VigilRetirementJuly 16, 2021Briana Zamora
Georgia Supreme CourtJuly 1, 2021Harold MeltonRetirementJuly 20, 2021Verda Colvin
Maryland Court of AppealsSeptember 10, 2021Mary Ellen BarberaRetirementSeptember 3, 2021Steven Gould
Tennessee Supreme CourtSeptember 24, 2021Cornelia ClarkDeathJanuary 12, 2021Sarah Campbell
California Supreme CourtOctober 31, 2021Mariano-Florentino CuéllarRetirementFebruary 15, 2022Patricia Guerrero
New Jersey Supreme CourtDecember 31, 2021Jaynee LaVecchiaRetirementMarch 15, 2021Rachel Wainer Apter
New York Supreme CourtDecember 31, 2021Eugene FaheyRetirementNovember 23, 2021Shirley Troutman
Oregon Supreme CourtDecember 31, 2021Lynn NakamotoRetirementJanuary 19, 2022Roger J. DeHoog
Vermont Supreme CourtNovember 1, 2021Beth RobinsonRetirementFebruary 25, 2022Nancy Waples


See also

MarylandJudicial SelectionMore Courts
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Courts in Maryland
Maryland Supreme Court
Maryland Court of Appeals
Elections:2026202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Maryland
Federal courts
State courts
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External links

Footnotes

  1. 1.01.1Maryland.gov, "Governor Hogan Announces Judicial Appointments," September 3, 2021Cite error: Invalid<ref> tag; name "appt" defined multiple times with different content
  2. 2.02.12.2National Center for State Courts, "Methods of Judicial Selection: Maryland," accessed August 16, 2021
  3. 3.03.1Maryland Manual Online, APPELLATE COURTS JUDICIAL NOMINATING COMMISSION," February 28, 2020
  4. The Daily Record, "Senate confirms three judges to Md. appellate courts," March 22, 2019
  5. 5.05.1Brown Gould Kiely, "Steven Gould," accessed March 27, 2019
  6. Maryland Manual, "Maryland Court of Special Appeals," accessed April 21, 2015
  7. CBS News, "The Court of Appeals of Maryland is now the Supreme Court of Maryland," December 14, 2022
  8. Maryland Manual, "Court of Special Appeals: Origins and Functions," accessed April 21, 2015
  9. 9.09.1Maryland Manual On-Line, "Mary Ellen Barbera," accessed September 7, 2021
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