1. General Background

The Orphans’ Court is a constitutional court.   Maryland Constitution, Article IV, Section 40:

“The qualified voters of the city of Baltimore, and of the several Counties, except Montgomery County and Harford County, shall elect three Judges of the Orphans’ Courts of City and Counties, respectively, who shall be citizens of the State and residents, for the twelve months preceding, in the City or County for which they may be elected.   They shall have all the powers now vested in the Orphans’ Courts of the State, subject to such changes as the Legislature may prescribe.   Each of the Judges shall be paid such compensation as may be regulated by Law, to be paid by the City or Counties, respectively.   In case of a vacancy in the office of Judge of the Orphans’ Court, the Governor shall appoint, subject to confirmation or rejection by the Senate, some suitable person to fill the vacancy for the residue of the term.”

Also, Maryland Constitution, Article IV, Section 20(d):

“The Judges of the Circuit Court for Montgomery and Harford Counties shall each, alternately and in rotation and on schedules to be established by those judges, sit as an Orphans’ Court for their County, and shall have and exercise all the power, authority and jurisdiction which the present Orphans’ Courts now have and exercise, or which may hereafter be provided by law.” –