Government Liability and Courts Archives

Government Liability and Courts / MACo Testimony

A Practical State-Local Balance To Constitutional Claims

On February 10, Associate Policy Director Sarah Sample testified before the Judicial Proceedings Committee in support of SB 346 – Civil Actions - Violation of Constitutional Rights (No Kings Act) with amendments. The bill establishes a path toward granting attorney’s fees in any case asserting a State constitutional claim. In practice, the bill would likely lead to an increase in litigation and costs for the State and local governments and create an unbalanced system that…

Comments Off

February 12, 2026

#MACoCon Recap: County Officials Highlight Financial Risk From Wrongful Convictions Cost Shift

State legal experts discuss exactly how wrongful convictions cases are processed in Maryland, with county officials highlighting that "there's not a single county actor that is involved in this" process, despite the State shifting 50 percent of the cost to counties. This shift came last session along with a number of other state costs to counties, as the General Assembly sought to once again correct for perennial gaps in state revenue. During the 2025 MACo…

Comments Off

December 18, 2025

Courts / Government Liability and Courts / Policy Deep Dive / State Budget and Fiscal Issues / Taxes and Revenues

Roadmap for Maryland Recordation and Transfer Taxes Compliance

The Maryland State Bar Association has developed a revised guide to the multiple facets of Maryland's system of recordation and transfer taxes, as an aid to practitioners in real estate and land records. The 2025 revision updates documents last prepared in 2002, and covers both State and county-level tax systems, and the varying administration across the state. Maryland levies both State and county taxes on real estate transactions, both those that effect a sale (the…

Comments Off

December 4, 2025

Courts / Government Liability and Courts

MD General Assembly Seeks Guidance to Modernize Two-Party Consent for Recording Audio

The Judiciary Committee in the Maryland House of Delegates is looking to update laws requiring two-party consent to record audio in order to grapple with the explosion of cellphone and Ring cameras. In a hearing last week, the Judiciary Committee in the Maryland House of Delegates discussed existing two-party consent requirements for recording audio and how to modernize those standards to potentially capture consent for video recording. As the law stands audio requires consent but…

Comments Off

November 25, 2025

Courts / Government Liability and Courts

Appellate Court of Maryland Rules on Scope of Local Government Tort Claims Act Damage Caps

Chief Justice of the Appellate Court of Maryland, Judge E. Gregory Wells, issued an opinion removing certain claims from the damage caps provision of the Local Government Tort Claims Act. An opinion was released yesterday by the Appellate Court of Maryland that seeks to clarify the scope of damage caps in the Local Government Tort Claims Act (LGTCA). The case giving rise to the issue is Joseph Watts v. Prince George’s County, Maryland and was…

Comments Off

October 30, 2025

County Budgets / Courts / Government Liability and Courts / Winter Conference

New Wrongful Conviction Settlement Process Continues to Unfold in Wicomico

Legislative changes during the FY26 budget deliberations shifted a portion of the cost burden for wrongful convictions on to counties. With the new law in affect, counties are now picking up the settlement costs for a process they have no control over. A recent Maryland Matters article highlighted some of the next steps in a novel move by the State to shift some of the costs of wrongful conviction settlements onto county governments. As previously covered on Conduit Street this…

Comments Off

October 28, 2025

Government Liability and Courts / Health and Human Services / Public Safety and Corrections

New Guidance on Intersection of State-Federal Civil Rights Protections in Maryland

As new federal policies are implemented, Maryland Attorney General Anthony Brown and the Maryland Commission on Civil Rights have published guidance to help local government agencies understand the types of protections required by Maryland law and federal law. Local governments are service providers and employers for Maryland residents and need to be acutely aware of how Maryland law intersects with federal civil rights protections, in light of recent initiatives by the federal government. As Maryland…

Comments Off

October 23, 2025

County News / Government Liability and Courts / State Budget and Fiscal Issues / Taxes and Revenues

Federal Court Issues Final Ruling Blocking “Pass-Through” Ban in Maryland’s Digital Ad Tax

A federal court has permanently blocked Maryland’s “pass-through” ban, closing the latest chapter in the legal fight over the first-in-the-nation digital advertising tax. A federal district court has permanently blocked Maryland from enforcing its “pass-through” ban — a central provision of the State’s digital advertising tax — finalizing months of litigation and affirming an earlier appellate decision that found the restriction unconstitutional. On October 15, the US District Court for the District of Maryland entered…

Comments Off

October 21, 2025

Government Liability and Courts / Public Safety and Corrections

AG Brown Publishes Guidance for Local-Federal Law Enforcement Collaborations

The Maryland Office of the Attorney General released guidance to help local law enforcement agencies comply with state laws during a period of increased federal law enforcement activity. State and local law enforcement officers often interact with their federal counterparts. Historically federal agents and Maryland officers sometimes rely on each other for backup, serve together on federal task forces, enter into mutual aid agreements, and collaborate through less formal arrangements. With recent shifts in regulations…

Comments Off

October 16, 2025

Government Liability and Courts / Public Safety and Corrections

Circuit Court Security Reports Due September 30, Potential Unfunded Mandate Coming

Forthcoming mandated reports will show how many more officers will be required statewide to meet enhanced courtroom security standards. Counties could be on the hook to foot the bill, but Judiciary says transitional state funding should be allocated in diminishing amounts for five years to help locals meet the funding requirement. HB 789 / SB 621 from the 2025 legislative session required a report from all agencies providing courtroom security in Maryland. That report is…

Comments Off

September 4, 2025