O?Malley picks McCrone to be Howard Circuit Court judge

Gov. Martin O?Malley on Monday appointed Howard County State?s Attorney Timothy McCrone to fill the Howard Circuit Court judge vacancy.

“It?s very much an honor and privilege,” said McCrone, who was selected to fill the seat of retiring Judge Dennis Sweeney. “I am feeling very fortunate today.”

Circuit court judges are appointed, then must run for election in February?s primary, said Wayne Kirwan, spokesman for the Howard State?s Attorney?s Office.

O?Malley announced other circuit court judge appointments across the state Monday.

After a holiday party at the State?s Attorney?s Office, McCrone headed to the state board of elections in Annapolis to sign the final paperwork to run for the seat.

McCrone, who also has served as an assistant county solicitor and a legal adviser to the Howard police department, and spent 10 years in private practice, was selected from a narrowed field of four applicants. All applicants were reviewed by a 13-member commission.

McCrone will resign his current position when he is sworn in, which is within 30 days of the appointment, Kirwan said.

The Howard Circuit Court must appoint someone to serve the rest of McCrone?s term, which ends in January 2011, Kirwan said.

“I will probably have a vote in the discussion,” McCrone said.

McCrone has handed out indictments as State?s Attorney that will make their way to court while he is judge, presenting a possible conflict of interest.

“I?ll have to recuse myself from any case that was pending in the office while I was State?s Attorney.” McCrone said.

TheState?s Attorney?s Office has historically been a “significant path to the bench,” said Byron Wranken, professor at the University of Baltimore who taught McCrone and called him “an ideal appointment.”

“The number of circuit court judges in this state who went from the prosecutor?s office is a significant number,” Wranken said, adding the judge can recuse himself on those cases and hear civil cases.

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