Baker v. O'Malley, 92 A.3d 588

Baltimore City voters amended Md. Const. Art. IV, § 40(b) to require Orphans’ Court judges to be Maryland attorneys.
Ramona Moore Baker, not an attorney, was elected to one of three Orphans’ Court seats but did not meet the new attorney qualification.
Governor O’Malley declined to issue Baker a commission and instead sought an AG opinion, which advised against issuing the commission.
Governor issued commissions to two attorney candidates and appointed a third to fill Baker’s would-be seat; Baker was not commissioned.
Baker filed a mandamus and damages suit in October 2012; the Governor moved to dismiss on statute of limitations, laches, and immunity grounds.
Circuit Court dismissed; Baker appealed, arguing timeliness and viability of mandamus, while the State argued laches bars relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether laches barred Baker’s mandamus petition	Baker asserts timely, not barred by laches.	O’Malley contends nearly two-year delay prejudices electoral integrity.	La ches barred the petition.
Whether EL 12-202 time limits apply to Baker’s claims	EL 12-202(b) does not govern mandamus relief for post-election actions.	Time limits would apply or be persuasive to bar relief.	EL 12-202 time limits not directly applicable; laches still dispositive.
Whether common law damages are barred by governmental immunity	Damages could be recoverable notwithstanding mandamus relief.	Sovereign immunity precludes common law damages against the Governor.	Court did not need to reach damages due to laches dismissal.

Ross v. State Bd. of Elections, 387 Md. 649 (2005) (laches bars election-related suits filed after delay)
Liddy v. Lamone, 398 Md. 233 (2007) (late filing barred election-related claims; rapid resolution urged)
Ipes v. Board of Fire Commissioners of Baltimore, 224 Md. 180 (1961) (laches as a proper ground to refuse mandamus)
Frederick Rd. Ltd. P’ship v. Brown & Sturm, 360 Md. 76 (2000) (laches standard and delay prejudices defendant)