Andrews v. Governor of Maryland

449 A.2d 1144, 294 Md. 285
CourtCourt of Appeals of Maryland
DecidedOctober 7, 1982
Docket[No. 138, September Term, 1981.]
StatusPublished
Cited by28 cases

This text of 449 A.2d 1144 (Andrews v. Governor of Maryland) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrews v. Governor of Maryland, 449 A.2d 1144, 294 Md. 285 (Md. 1982).

Opinion

Cole, J.,

delivered the opinion of the Court.

The one issue presented by this appeal is whether two proposals for amendments to the Maryland Constitution, drafted by the General Assembly and submitted to the voters for their ratification in the general election of 1980, followed the constitutionally prescribed format for amending the Constitution, when the passage of one amendment was made contingent upon the passage of the other.

The pertinent facts can be recounted succinctly. The General Assembly passed two bills at its 1980 Session proposing to amend the State Constitution. Richard L. Andrews, the appellant here, challenged the proposals as violating Article XIV, § 1 of the Constitution, in that each proposal contained a provision that its passage and adoption was to be contingent on the passage of the other. Andrews filed suit in the Circuit Court for Anne Arundel County, seeking to have the court declare the two proposed amendments invalid and requesting the court to issue an injunction to prevent the placing of the proposals on the November, 1980 ballot.

On October 7, 1980, the Circuit Court granted summary judgment to the defendants in Andrews’ suit. Andrews appealed to the Court of Special Appeals, which dismissed the appeal as not being from a final judgment. Andrews thereupon filed a motion with the Circuit Court to render final judgment, which was granted on July 10, 1981. In the meantime, on November 4, 1980, the voters of Maryland approved the proposed constitutional amendments and the Governor of Maryland proclaimed their ratification. Andrews once again appealed the decision of the Circuit *287 Court to the Court of Special Appeals. We granted certiorari prior to consideration by that court to consider the constitutional question presented.

The amendments whose vitality Andrews challenges were proposed by the General Assembly as Chapters 523 and 524 of the Acts of 1980. Chapter 523 proposed to repeal and amend several sections of Article IV of the Constitution. That portion pertinent to this appeal concerns the restructuring of the court system in the Eighth Judicial Circuit, Baltimore City. Prior' to Chapter 523, each of Maryland’s twenty-three counties had only one circuit level court for that county. Baltimore City, on the other hand, had three civil common law circuit level courts: The Superior Court, the Court of Common Pleas, and the Baltimore City Court. Md. Const. Art. IV, § 28. See Davidson v. Miller, 276 Md. 54, 344 A.2d 422 (1975); Legum v. Blank, 105 Md. 126, 65 A. 1071 (1907). Chapter 523 proposed a comprehensive revision of Article IV, repealing Sections 27 through 35 and 37 through 39, and amending Sections 1, 4A, 4B (a), 5, 9,18, 20, 23, 25, and 26, which resulted, as far as the issue presented here is concerned, in consolidating the various circuit level courts in Baltimore City into one circuit court. 1 The offshoot of this would be to harmonize the Baltimore City court system with the circuit courts systems in the twenty-three Maryland counties. In addition, Chapter 523 provided that it would only be effective if Chapter 524 was adopted by the voters in the same election.

The second proposed amendment, Chapter 524, endeavored to amend Article IV, § 8 of the Constitution. The change pertinent to the instant case concerns the right of removal guaranteed by that article. Prior to Chapter 524, Article IV, § 8 provided that

in all suits or actions at law ... pending in any of *288 the courts of law in this State, having jurisdiction thereof, upon suggestion in writing under oath of either of the parties to said proceedings, that such party cannot have a fair and impartial trial in the court in which the same may be pending, the said court shall order and direct the record of proceedings in such suit or action, issue, presentment or indictment, to be transmitted to some court having jurisdiction in such case for trial. ...

This guaranteed to civil law litigants one automatic right of removal to another court of competent jurisdiction. See Davidson v. Miller, supra; Shreffler v. Morris, 262 Md. 161, 277 A.2d 62 (1971). Chapter 524 changes this "automatic” right to a discretionary one, providing that

in addition to the suggestion in writing of either of the parties to the cause or case, that the party cannot have a fair and impartial trial in the court in which the cause or case may be pending, it shall be necessary for the party making the suggestion to make it satisfactorily appear to the court that the suggestion is true, or that there is reasonable ground for the same....

Chapter 524 concludes with the same contingency section contained in Chapter 523, i.e., that the provisions of Chapter 524 would only be effective if Chapter 523 was adopted by the voters in the same election.

Andrews contends that by making the efficacy of each of the proposed amendments contingent upon the adoption of the other, the legislature has stepped outside the procedure prescribed by the Constitution for its own amendment. Specifically, he maintains that the contingency provision in each of the bills violates the separate vote requirement of Article XIV, § 1: "[W]hen two or more amendments shall be submitted... to the voters of this State at the same election, they shall be so submitted as that each amendment shall be voted on separately.”

Andrews thus challenges the validity of the proposals, *289 even though approved by the electorate and proclaimed by the Governor as valid amendments. Our duty here is clear. We must determine if the legislature has complied with the scheme prescribed in the Constitution for its own amendment, for, as we said in Hillman v. Stockett, 183 Md. 641, 648, 39 A.2d 803 (1944).

Provisions of a constitution regulating its own amendment, otherwise than by a convention, are not merely directory, but are mandatory; and a strict observance of every substantial requirement is essential to the validity of the proposed amendment.

We are equally mindful of the principle of judicial review that when a constitutional amendment has been ratified by the electorate every reasonable presumption in favor of its validity will be indulged in and the party challenging its validity will be saddled with the burden of clearly establishing its constitutional infirmity. See City of Glendale v. Buchanan, 195 Colo. 267, 578 P.2d 221, 224 (1978); Keenan v. Price, 68 Idaho 423, 195 P.2d 662 (1948); City of Raton v. Sproule, 78 N.M. 138, 429 P.2d 336 (1967). The reason for this principle is obvious.

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449 A.2d 1144, 294 Md. 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-governor-of-maryland-md-1982.