If you have a case in Maryland dealing with divorce, custody/visitation, child support or alimony, you will likely appear before a master first rather than a judge. Masters hear certain parts of a domestic case. The use of masters is an old tradition.
In Bris Realty v. Phoenix, Judge Keating observed for the Court that "one of the purposes of seeking the advice and recommendations of an auditor and master is to conserve the time of the court."
In Eastern Structural Co. v. Wor. Auditorium Co., the court alluded to the fact that "originally masters were appointed by the king and acted as assistants to the chancellor."
In re Anderson, 272 Md. 85, 102, 321 A.2d 516 (1974).
Today, masters continue to act as assistants to the judges by hearing matters for the judges, who have overloaded dockets. Maryland Rule 2-541 specifies the method for appointing a master.
Under that rule, there are two different types of masters recognized - standing masters and special masters. Standing masters are appointed by a majority of the judges of the particular circuit court and may serve either full or part time.
A standing master may not continue to serve after reaching the age of 70 years. Special masters are appointed for a particular matter and the court may specify or limit their powers. Masters are considered to be officers of the court.
Under Maryland Rule 9-207, the following matters are referred to a master by the Clerk of the court as of course: uncontested divorce, annulment or alimony actions; alimony pendente lite (or temporary); child support pendente lite; use and possession of the family home or personal property pendente lite; custody and visitation pendente lite; modification of orders concerning custody, visitation, alimony, support or use and possession; contempt relating to custody, visitation, payment of alimony or support or use and possession; stay of earnings withholding; and counsel fees and court costs in any action before master. In Prince George's County, all other domestic relations matters are heard by a master. A party or the court, itself, can also make a motion to have a master hear any other matter not triable of right before a jury.
Once a matter has been referred to a master, the master "has the power to regulate all proceedings in the hearing", including issuing subpoenas, administering oaths to witnesses, convening, continuing or adjourning a hearing, recommending contempt or other sanctions and making findings of fact and conclusions of law. Maryland Rule 2-541(c). Hearings before a master are recorded either stenographically or electronically. Maryland Rule 2-541 (d)(3). After the hearing, the master writes a report and recommendation. The parties are either notified of the recommendations on the record at the end of the hearing or by written notice by mail, which is sent between 3-30 days after the hearing. Maryland Rule 9-207(c). If either or both parties do not agree with the recommendations, he or she may file exceptions. This must be done, however, within 5 days of having received the recommendations, whether orally or by mail. Maryland Rule 9-207(d). The exceptions must be in writing and must specifically state what the master's alleged error was. Id. A transcript of the hearing before the master must then be ordered and filed with the court. Maryland Rule 9-207 (e). The parties then attend an exceptions hearing before a judge who reviews the proceedings below and makes an independent judgment.
The judge may affirm, reverse or modify the master's recommendations. Wenger vs. Wenger, 42 Md. App. 596, 402 A.2d 94 (1979). A final order from the master's recommendations will usually not occur until the end of the period for filing exceptions has passed and no exceptions have been filed or if exceptions have been filed, after the judge makes a ruling on the exceptions. Maryland Rule 9-207(f)(1).
The master system allows litigants in domestic cases to get to court faster then if they had to wait for a judge. The exceptions process, however, allows the chance to have your case decided by a judge if necessary. The system is helpful for the most part but there are variations in the process from county to county. As previously stated, masters in Prince George's County, as well as Montgomery County, hear the merits of the domestic cases, not just temporary issues. Masters in Baltimore County hear both uncontested divorces (in their offices) and contested issues as outlined above (in the courthouse). Masters in Harford County also hear both but do so in their offices, while in Anne Arundel County, some masters hear both in their offices while others hear only contested issues in the courthouse. Masters in Baltimore City, however, are divided into two distinct categories- either full-time masters who hear contested matters in the courthouse or part-time master-examiners who hear uncontested divorces in their offices. It is best to check with the clerk of the circuit court in your jurisdiction to determine their particular rules.