DELEGATE MIKE MCDERMOTT: PRESS RELEASE 1-26-12

The DeWolfe Opinion: HB119’s Solution

(ANNAPOLIS) - “HB119, “Criminal Procedure - Public Defender- Representation” resolves many of the issues arising out of the recent Maryland Court of Appeals Opinion, DeWolfe v. Richmond and has the potential to save Maryland from costs that exceed $100 million.” In DeWolfe v. Richmond, the court ruled that indigents had a statutory right to appointed counsel at the initial appearances of a case. Essentially, this requires the Office of the Public Defender’s appearance at bail review hearings in front of the District Court Commissioners for indigents.

“Right now, the Public Defender’s Office is unable to comply with the mandate arising out of Dewolfe.” In 2011, there were over 176,000 bail hearings in Maryland. The Public Defender’s office currently does not have the staff or economic backing to attend the projected amount of bail hearings for 2012. Public Defenders’ have far exceeded caseload standards and are not prepared to attend bail hearings that occur 24 hours a day. Some estimates show that the Public Defender’s budget of $83 million will need to be doubled to comply with the DeWolfe standards. Moreover, the State’s Attorney will also need to comply with these standards for a fair trial and their budget will likely double as well.

“HB119 allows for the Office of the Public Defender to focus on the critical stages of any case, where it’s focus should be. By requiring representation during these initial proceedings, the DeWolfe opinion further spreads out an office that is already spread thin--into an area where representation is unnecessary.” In Maryland, District Court Commissioners dismissed a little over half of those who had bail hearings last year. The cases that are not dismissed are scheduled to be hear by a judge in District Court within 24 hours -- where indigents will have representation from the Public Defender. Moreover, there were only four individuals last year who requested Private Counsel during their bail hearing.

The initial draft of HB119 by Delegate Mike McDermott did not require the presence of the Public Defender’s Office in the District and Circuit Courts of Maryland, but has recently been amended to only require the Public Defender’s presence after the initial bail hearings. HB119 is scheduled for a hearing in the Judiciary Committee on Tuesday, January 26th.