Legal Question in Family Law in Maryland
The power of retired judges
Can a retired judge from Prince George in Maryland Conclude the final hearing in a child custody case in Anne Arundel? Maryland Constitution, Article IV, section 3A states as follows SEC. 3A. (a) (1) Except as provided in paragraph (2) of this subsection, any former judge, except a former judge of the Orphans' Court, may be assigned by the Chief Judge of the Court of Appeals, upon approval of a majority of the court, to sit temporarily in any court of this State, except an Orphans' Court, as provided by law.
(2)(i) a retired judge of the Circuit Court for Montgomery County that sits as the Orphans' Court for Montgomery County may be assigned by the Chief Judge of the Court of Appeals, upon approval of a majority of the Court of Appeals, to do an act that a judge of the Orphans' Court for Montgomery County is authorized to perform.
(ii) a retired judge of the Circuit Court for Harford County that sits as the Orphans' Court for Harford County may be assigned by the Chief Judge of the Court of Appeals, upon approval of a majority of the Court of Appeals, to do an act that a judge of the Orphans' Court for Harford County is authorized to perform.
I gather temporary to not include final hearings in Anne Arundel. Am I right?
1 Answer from Attorneys
Re: The power of retired judges
The jurisdiction of the Orphans Court is over probate matters, which have nothing to do with child custody hearings. You are confusing Orphans Court with Family Court.
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