Problematic Policy: Passing the Buck on Wrongful Convictions

Earlier this year the Maryland Board of Public Works approved the first wrongful conviction settlement payment that will fall under the new cost sharing structure between state and local governments. Wicomico was the first jurisdiction to be charged, resulting in an almost $300,000 cost for a jurisdiction considered resource scarce enough to merit disparity grant funding from the state. This is the result of provisions in the 2025 Budget Reconciliation and Financing Act (BRFA) that requires counties to cover 50 percent of State-approved compensation for wrongful incarceration, despite having zero authority over the legal process or outcome.

As covered in a recent article on Conduit Street, these are new costs to local jurisdictions that, due to the nature of the liability, are not able to be budgeted for in advance. This makes it an unpredictable, and potentially significant charge, that is levied after the local budget has been finalized. This problematic policy change is one in a line of multiple others that shift state costs to county governments despite no role in the process. This session will host a panel of experts that will explain how the wrongful conviction settlement process works, including local government leadership to highlight the concerning trend of shifting state costs to local governments.

Title: Problematic Policy: Passing the Buck on Wrongful Convictions

Description: In a novel move by the Maryland General Assembly, counties have been obligated to cover 50% of the costs for wrongful conviction compensation despite having no role in these cases’ prosecution, conviction, or exoneration. This move imposes an unpredictable financial burden on county governments, with no oversight or ability to plan for these expenses. As this policy change is implemented, counties must figure out adapting to such an unprecedented shift. This session will bring together key voices from across Maryland’s counties and justice system to shed light on the process and its impacts, including the complex legal and financial realities that arise from wrongful conviction cases. Together, the panel will explore the balance of justice, accountability, and fiscal responsibility, offering attendees a fuller understanding of this sensitive and significant matter.

Speakers:

Weston Young – Chief Administrative Officer, Worcester County
Janee A. Fountain – Assistant Attorney General, Civil Rights Division, Maryland Office of the Attorney General
Jamie L. Dykes – State’s Attorney, Wicomico County

Moderator: The Honorable Mike McKay, Maryland State Senate

Date/Time: Wednesday, December 10, 2025; 1:30 pm – 2:30 pm

MACo’s Winter Conference, “Local Leadership, Lasting Impact: Shaping What’s Next,” will be held at the Hyatt Regency Chesapeake Bay Hotel in Cambridge, MD, on December 10-12, 2025.