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Friday, March 02, 2012

Changes To Maryland Public Defender Law Passed

ANNAPOLIS, Md. (AP) - The Maryland Senate and the House of Delegates on Thursday passed measures to repeal a Maryland law requiring poor defendants to have a public defender present when they appear before district court commissioners, who decide bail and whether a defendant is detained after arrest.

The Senate passed its version of the bill 45-1, and the House passed a measure on a 133-0 vote.

Lawmakers are working to address a Maryland Court of Appeals ruling earlier this year that defendants must have an attorney present during appearances before court commissioners. Compliance with the ruling could cost tens of millions of dollars, if the law isn't changed.

While changing the law so attorneys would not have to be present at the initial appearance before a commissioner, the measures also seek to significantly reduce the number of people who would be detained after arrest.

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5 comments:

Anonymous said...

"..a Maryland Court of Appeals ruling earlier this year that defendants must have an attorney present.."

This is not a 'law'. A court cannot pass laws. This is legislating from the bench, and is only effective if the subject(s) of the 'ruling' comply.

Too bad the Maryland Legislature doesn't have the brass to stand up to the activist judges and tell them to stuff it.

Anonymous said...

It is a law. They are trying to repeal the law. Read it again.

Anonymous said...

I must have missed it also where this is an actual law as opposed to a COA ruling. It appears as though maybe lawmakers are attempting to close what is commonly referred to as a "loophole."

Anonymous said...

Would you really want a public defender if you were looking at jail? Better get a paid attorney!

Anonymous said...

And most of the poor and minorities in this area can't afford a pay lawyer, So, I guess the county facilities will see an increase incarceration among the poor and minorities. This exactly what this area want.