Gen. 75] 75

DISTRICT COURT

JUDICIAL ADMINISTRATION ) DISTRICT COURT NEED NOT

OBTAIN APPROVAL OF BOARD OF PUBLICWORKS FOR

FEE SCHEDULE

November 4, 1998

The Honorable Christopher Van Hollen, Jr.

Chairman, AELR Committee

You have requested an opinion concerning the process by

which the District Court of Maryland may increase its fees. More

specifically, you note that other state courts must obtain the approval

of the Board of Public Works to set fees and ask if the District Court

is exempt from this requirement. 

In our opinion, the District Court is not required to obtain

approval of the Board of Public Works to set fees. 

I

Background

Your request was prompted by inquiries received by the AELR

Committee after the promulgation of revised fee schedules for

Maryland state courts. The Chief Judge of the District Court

recently amended District Court Administrative Regulation XIX to

revise the fee schedule for the District Court. At the same time, the

State Court Administrator issued a revised schedule of fees for the

circuit courts that had been approved by the Board of Public Works.

At the direction of the Chief Judge of the Court of Appeals, the State

Court Administrator published both revisions in the Maryland

Register. See Administrative Memorandum 98-3, 25-14 Maryland

Register 1111, 1114-16 (July 2, 1998).
76 [83 Op. Att’y

1

 This provision was added in 1975 to replace a list of statutorily

prescribed fees. Chapter 548, §1, Laws of Maryland 1975. At that time,

clerks’ offices of the circuit courts were funded by fees. This provision

was apparently added to permit greater flexibility in increasing fees to

offset the effects of inflation. Following a 1986 amendment of the State

Constitution, the clerks’ offices were funded through the State budget and

the fees collected by the clerks became State revenues, unless otherwise

specified by law. Chapter 722, Laws of Maryland 1986; Maryland

Constitution, Article IV, §10.

II

Determination of Court Fees

A. Statutes

The process for determining the fees charged by the state

courts is set forth in Title 7 of the Courts and Judicial Proceedings

Article, Maryland Code (“CJ”). The statutes charge the State Court

Administrator with the responsibility to set fees for both the

appellate courts and the circuit courts, subject to the approval of the

Board of Public Works. With respect to the circuit courts, CJ §7-

202(a)(1) provides:

The State Court Administrator shall determine

the amount of all court costs and charges for

the circuit courts of the counties with the

approval of the Board of Public Works. The

fees and charges shall be uniform throughout

the State.

(emphasis added).1

 Similarly, with respect to the Court of Appeals

and Court of Special Appeals, CJ §7-102 provides:

The State Court Administrator shall determine

the amount of fees to be charged by the Clerk

of the Court of Appeals and the Clerk of the

Court of Special Appeals, with the approval of

the Board of Public Works. 
Gen. 75] 77

2

 This provision was added in 1976 to replace a list of statutorily

prescribed fees. Chapter 523, Laws of Maryland 1976. As with the circuit

courts, the purpose appeared to be to allow greater flexibility in setting

fees to offset inflation.

3

 Chapter 528 of the Laws of Maryland, 1970 (then codified at

Maryland Code, Article 26, §143(b)) authorized the Chief Judge to issue

rules for the administration of the court. Chapter 423, §9, Laws of

Maryland 1971 specified that the court’s fees “shall be those now

prescribed by law, subject to modification by law or by Rule”(then

codified at Article 26, §150A(c)). In 1975, both provisions were amended

to include the term “administrative regulations.” Chapter 10, §1, Laws

of Maryland 1975. This change in nomenclature helps differentiate

between rules adopted by the Court of Appeals and administrative

regulations issued by a chief judge.

(emphasis added)2

. Thus, the fee schedules in both the appellate and

circuit courts are subject to approval by the Board of Public Works.

By contrast, the statute governing fees for civil cases in the

District Court does not refer to the Board of Public Works. In

particular, CJ §7-301(c)(1) states:

The filing fees and costs in civil cases are

those prescribed by law subject to

modification by law, rule, or administrative

regulation. 

The Chief Judge of the District Court, who has responsibility for the

maintenance, administration, and operation of the court, is

authorized to promulgate administrative regulations for the District

Court “subject to and not inconsistent with the rules of the Court of

Appeals.” CJ §1-605(b). In a similar vein, the Maryland

Constitution declares that this power to adopt administrative rules

“shall be subject to the rules and regulations adopted by the Court of

Appeals or otherwise by law.” Maryland Constitution, Art. IV,

§18(a).

The Chief Judge of the District Court has had the authority to

issue regulations and set fees since shortly after the creation of the

District Court almost thirty years ago3

. The first regulation setting

a fee schedule was issued in 1971. That schedule has been revised

periodically without Board of Public Works approval.
78 [83 Op. Att’y

 Thus, costs for civil cases in the District Court may be

amended by statute, rule, or administrative regulation. While the

Court of Appeals has not adopted any rules that modify the amount

of the fees applicable to civil cases in the District Court, the General

Assembly has enacted legislation affecting the District Court fee

schedule. Indeed, some of the recent amendments to the fee

schedule of the District Court were designed to include a surcharge

imposed by recent legislation for the benefit of the Maryland Legal

Services Corporation. See Chapter 765, Laws of Maryland 1998

(amending CJ §7-301(c)(2)). Of course, the administrative

regulations setting fees, like any court rule or regulation, must not

offend the State or federal constitutions. See Whitaker v. Prince

George’s County, 307 Md. 368, 375-77, 514 A.2d 4 (1986); Kohr v.

State, 40 Md. App. 92, 96-97, 388 A.2d 1242 (1978). 

B. Process

The statutes governing court fees do not specify any particular

procedures for setting the fee schedules. The Judicial Branch is

exempt from the portion of the Administrative Procedure Act that

sets forth the procedures for promulgation of administrative

regulations by Executive Branch agencies. Maryland Code, State

Government Article (“SG”), §10-102(b)(2). 

In practice, the Chief Judge of the District Court and the State

Court Administrator follow similar processes. Both rely on

recommendations from the clerks of court to assess how the

revenues from fees relate to the expenses of rendering the services.

They also consider suggestions by judges, bar associations, and other

organizations interested in the fees. Pursuant to statutory

authorization, the fee schedules are published in the Maryland

Register. See SG §§7-206(a)(2)(v),(vii), 7-222. The only significant

difference is that the State Court Administrator obtains approval of

the Board of Public Works, while the Chief Judge of the District

Court does not.

III

Conclusion

In our opinion, the Chief Judge of the District Court is

authorized to revise the schedule of fees applicable to civil cases in
Gen. 75] 79

the District Court by administrative regulation without seeking the

approval of the Board of Public Works. However, the fee schedule

must be consistent with any applicable rules issued by the Court of

Appeals or legislation passed by the General Assembly. The law

does not currently mandate any specific process for the issuance of

such regulations. 

J. Joseph Curran, Jr.

Attorney General

Julia M. Freit

AssistantAttorney General

Robert N. McDonald

Chief Counsel

 Opinions and Advice