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White v. Register of Wills of Anne Arundel County

Citations: 217 Md. App. 187; 90 A.3d 1213; 38 I.E.R. Cas. (BNA) 270; 2014 WL 1774004; 2014 Md. App. LEXIS 45Docket: 0677/13

Court: Court of Special Appeals of Maryland; May 1, 2014; Maryland; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves an appeal by a former Chief Deputy Register of Wills, challenging her termination on the grounds of retaliatory dismissal after filing a whistleblower complaint. The primary legal issue is whether the appellant qualifies as a judicial or executive branch employee under the Maryland Whistleblower Law. The Department of Budget and Management (DBM) and subsequent judicial bodies determined she is a judicial branch employee, making her ineligible for whistleblower protections. The appellant argued that the Comptroller's oversight of the Register of Wills' staff placed her within the executive branch. However, the court ruled that the Comptroller's authority was limited to fiscal matters and did not affect the judicial nature of the Register of Wills. Additionally, the court dismissed claims of separation of powers violations, confirming that the regulatory measures did not impinge upon judicial functions. The Court of Special Appeals of Maryland upheld previous decisions from the Office of Administrative Hearings and the Circuit Court, affirming that the appellant's position was judicial, thus excluding her from whistleblower protections, and assigning costs to her.

Legal Issues Addressed

Comptroller's Authority and Judicial Employee Status

Application: The court determined that the Comptroller's fiscal oversight does not alter the judicial classification of the Register of Wills and its deputies, including the appellant.

Reasoning: The interpretation of these statutes indicates that the Comptroller’s authority does not extend to core operations or the hiring and firing of deputies and clerks, which remains with the Register of Wills.

Judicial Branch Classification under Maryland Constitution

Application: The court concluded that the Register of Wills is a judicial office, and thus the Chief Deputy, who performs similar functions, is also classified as a judicial branch employee.

Reasoning: The issue at hand is whether Ms. White, as Chief Deputy of the Register of Wills, is part of the judicial branch. Initially, it seems logical that if the Register of Wills is judicial, then Ms. White must be as well.

Maryland Whistleblower Law Applicability

Application: The court found that the Maryland Whistleblower Law does not apply to judicial branch employees, affirming the dismissal of the whistleblower complaint filed by the appellant.

Reasoning: The Court of Special Appeals of Maryland affirmed the OAH's decision, concluding that substantial evidence supported the classification of White as a judicial branch employee, noting that the Office of the Register of Wills is established under the judicial branch as per the Maryland Constitution.

Separation of Powers Doctrine

Application: The court rejected the appellant's argument that her classification as a judicial employee violated the separation of powers, as the Comptroller's financial oversight does not interfere with judicial functions.

Reasoning: Ms. White's arguments concerning her classification as a judiciary employee potentially violating separation of powers are rejected.

Weight of Administrative Interpretation

Application: The court emphasized that administrative agencies' interpretations of statutes they administer are given considerable weight, supporting the decision that the appellant is not an executive branch employee.

Reasoning: An administrative agency's interpretation of the statute it administers is afforded considerable weight by reviewing courts.