Maryland High Court Delays Bail Representation Order

Today, with only hours to go until the stated deadline for implementation of revised findings regarding bail representation for indigent defendants (carrying potentially huge costs to the state and counties), the Court of Appeals has delayed the effect of its recent ruling.

From the Daily Record:

The Court of Appeals’ order, which was slated to be issued Friday, will not be issued until Feb. 16 at the earliest. The order, or mandate, gives effect to the top court’s Jan. 4 ruling that criminal defendants have a statutory right to counsel at initial bail hearings.

The postponement will give the court a chance to consider motions from the state public defender and attorney general to delay implementation of the ruling in DeWolfe v. Richmond.

It will also give the court time to consider and vote on proposed procedures for implementing the forthcoming order, said retired Court of Appeals Judge Alan M. Wilner, who chairs the Maryland Judiciary’s Standing Committee on Rules of Practice and Procedure.

The committee intends to finalize its proposals by 4 p.m. Friday. The high court is scheduled to vote on them Feb. 16.

Read the Daily Record coverage here.

Michael Sanderson

Executive Director Maryland Association of Counties

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