Making Bail and Passing the Budget

The Maryland Constitution requires that only one bill be enacted at each 90-day session – the budget bill.

The Maryland Constitution also requires that a defendant be represented by an attorney at a bail hearing.

Our Court of Appeals decided that this fall.

The estimated cost to provide such representation with public defenders under the current system is $30 million annually.

There is no money in the budget bill to meet that obligation.

However, there are already two proposals to change the bail system, at a cost below $10 million.

At today’s briefing, I sought to remind everyone why this issue is before us.

Are there statistics about the benefit to the accused of having counsel at the bail hearing?”

The response: Those numbers are being worked on.

 

Gideon’s Trumpet

     The crowds were across the street.

And down the block.

Five thousand people signed up to testify on the gun measures today in the Senate, a Republican colleague told me.

No doubt there were many references to the 2nd Amendment.

My committee’s hearing on these bills will attract similar intensity.

Today, however, we discussed how a poor individual can protect the civil rights secured by the Maryland Constitution or Declaration of Rights.

Those protections are similar to those in the federal Constitution and Bill of Rights, but there is no Maryland provision addressing the right to bear arms.

The objective of the legislation before us was best described by Steve Sachs, former Attorney General of Maryland:  “My core belief is that the glorious phrase ‘equal justice under law’ is only an empty phrase unless all citizens can access the rule of law.”

The less eloquent but key phrase at today’s hearing was “attorney’s fees.”

Since the prevailing party would be awarded those fees, the bill was opposed by local governments and the business community.

My view of this legislation was determined nearly 40 years ago when I read Gideon’s Trumpet, a book about the Supreme Court case that established the right to counsel in criminal cases.

A few years ago, the author, Anthony Lewis, autographed my copy: “for Sandy Rosenberg, who writes laws.”

In this instance, I will try to write a law that increases the constitutional protections afforded all Marylanders, regardless of their ability to hire a lawyer.

Several people have asked me when I’m leaving for Fantasy Camp.

Good to learn how much I was missed last week.

 

  • My Key Issues:

  • Pimlico and The Preakness
  • Our Neighborhoods
  • Pre-Kindergarten
  • Lead Paint Poisoning