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The Honorable Leslie M. Downs has sat as one of three presiding Judges of the Orphans’ Court in Calvert County since her first successful election in 2002. In a recent interview with TheBAYNET.com Downs described the position and explained exactly what the Orphans’ Court is all about.
“The Orphans Court was begun by passage of the Maryland Acts of 1777 which created the Orphans Court,” said Downs. She went on to explain that back in Colonial America, women were not able to own property of any kind and all children who had their fathers die were made orphans. The Court was created to ensure that they received what was properly their rights from the estates of their fathers.
She further explained that the position of Judge was not officially created until the Maryland Legislature made it a judges’ position in the 1860s. “The constitution provides for the fact that Judges of the Orphans’ Court were lay people and not lawyers,” said Downs. She went on to state that Maryland lawmakers felt that a non-attorney judiciary system would be more responsive and better able to deal with the nuance and sensitive nature of cases before the Orphans’ Court.
The court presides over all matters pertaining to wills, guardianships, estate and probate. “We have three judges who are supposed to rule on each case,” said Downs, “but in any case, we have to have a minimum of two judges for any hearings.”
The Orphans’ Court in Calvert convenes each Tuesday in Prince Frederick where they hear cases covering all aspects of estates. They also ensure that executors receive their due without taking too much from those left behind while administering the final disposition of the estate. “We had one case where the executor decided they needed some money for personal reasons and took that out of the estate. That person is now selling their property to repay the estate,” said Down. “It was either go to jail or repay the estate.”
Down has been a resident of Calvert County for the past 24 years and when not on the bench in the Orphans’ Court, operates the Fond Memories Bag-O-Beads store. Over the years Downs has served in a number of capacities assisting Calvert citizens.
She has served on the Tri-County Economic Development Task Force, Chaired the Board for Barstow Acres, acted as Secretary of the Cultural Arts Council, Chaired the Youth Strategy’s Sub-Committee and in other capacities helping save juveniles. Currently, Downs serves as the Secretary of the Maryland Association of Judges of the Orphans’ Court.
Downs stated that MAJOC is the trade association that ensures Judges of the Orphans’ Court have received the proper training. “In the past, Judges were not required to go through any special training, but now we are required to continue our training so that we can keep abreast of all the new estate laws,” said Downs. “I have always taken as much training as I can each year and feel that is the best way to do the job properly.”
Downs explained that the required nature of con
