Government Liability and Courts Archives

Government Liability and Courts / Public Safety and Corrections

Guidance for ICE Enforcement at Sensitive Locations, Local Policy Deadline Oct 1

The Office of the Attorney General has published guidance for state and local government agencies on how to implement provisions of the General Assembly's new immigration enforcement laws. As previously covered on Conduit Street, the Maryland General Assembly passed HB 1222 - an immigrant protections bill establishing standards for how state and local governments operating at certain locations interact with US Immigration and Customs Enforcement (ICE) officers. A major component of the bill requires the Office of…

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September 3, 2025

Fourth Circuit Strikes Down “Pass-Through” Ban in Maryland’s Digital Ad Tax

Maryland’s first-in-the-nation digital advertising tax faces another legal setback. On August 15, the US Court of Appeals for the Fourth Circuit struck down a central provision of the law, ruling that the ban on disclosing the tax to customers violates the First Amendment. Background on the Tax Enacted in 2021 after a gubernatorial veto override, the tax applies to digital advertising services sold in Maryland by companies with more than $100 million in global annual…

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August 27, 2025

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

MACo Files Brief as MD Supreme Court Hears Opioid Case Challenge

The Maryland Association of Counties signed on to an amicus brief in Express Scripts, Inc., et al. v. Anne Arundel County regarding public nuisance claims related to the opioid crisis and remediation. The Maryland Supreme Court is set to hear oral arguments on Tuesday, September 9, 2025. Recently the Maryland Association of Counties (MACo) signed on to an amicus brief in a case involving member county Anne Arundel, and with potentially significant implications for local jurisdictions…

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August 26, 2025

County Budgets / Feature / General Assembly News / Government Liability and Courts / News You Can Use / Policy Deep Dive / State Budget and Fiscal Issues

Deep Dive: Counties Now Forced to Pay for a Process They Don’t Control — and Never Did

This article is part of MACo’s Policy Deep Dive series, where expert policy analysts explore and explain the top county policy issues of the day. Read all of MACo’s Policy Deep Dives. In Maryland, county governments do not prosecute, convict, or exonerate anyone. They play no role in determining wrongful incarceration settlements. Yet a new law forces them to pay the bill anyway. The 2025 Budget Reconciliation and Financing Act (BRFA) requires counties to cover…

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August 5, 2025

Courts / Government Liability and Courts

MD Supreme Court Analyzes Recreational‑Use Statute Immunity for Counties

A recent Maryland Supreme Court ruling in Mayor and City Council of Baltimore v. Jamie Wallace has implications for local government liability. Parks with sidewalks or pathways that constitute a thruway for transportation purposes may not afford governmental immunity as granted by the Maryland Recreational Use Statute. In a recent MD Supreme Court opinion the justices sided with plaintiff Jamie Wallace clarifying local government liability in the case of Mayor and City Council of Baltimore…

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July 24, 2025

Courts / Government Liability and Courts / Public Safety and Corrections

SCOTUS Prohibits Florida From Allowing Local Police to Enforce New State Immigration Law

The US Supreme Court refused to override a lower court order preventing Florida from enforcing a new state law that criminalizes the presence, in the state, of individuals not legally present in the country. Last week the US Supreme Court denied Florida's application for permission to enforce a new state law. That order was issued on July 9, and prohibits Florida from directing local law enforcement to act in accordance with the recent legislation and…

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July 16, 2025

Government Liability and Courts / Public Safety and Corrections / Summer Conference

Clearing the Air on Immigration: Compliance Standards for Local Governments at #MACoCon

The rhetoric and uncertainty around standards for immigration enforcement has created confusion and frustration for county governments who have the goal of ensuring the equal protection of residents and compliance with federal law. Federal court cases are currently attempting to address questions around what federal, state, and local government actors are actually allowed to enforce when it comes to immigration and customs laws. State governments, Maryland included, are looking to put additional safeguards in place…

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July 14, 2025

Government Liability and Courts / Health and Human Services / Human Resources / Summer Conference

Diversity, Equity, Inclusion Programs and Policy Discussions Continue Across Maryland

US Supreme Court cases, executive orders, and new federal policies have increasingly been putting more pressure on diversity, equity, and inclusion (DEI) efforts within state and local jurisdictions, sparking meaningful conversations within governments and communities. The last decade has seen a massive shift both toward and away from diversity, equity, and inclusion (DEI) programs. In multiple years, DEI leaders and programs were the fastest growing new role and component of many businesses and organizations. While…

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July 8, 2025

County Government and Structure / County News / Government Liability and Courts / Public Safety and Corrections

Carroll Commissioners’ Podcast Launches on Video

The Carroll County Commissioners' podcast, a regular offering from the county leadership, ventures into video for a special interview with the current, outgoing, State's Attorney as he reflects on years of municipal, county, and state service. Carroll County Commissioner Mike Guerin interviewed the State's Attorney Haven Shoemaker for the video discussion. Shoemaker has served in municipal government, county government (as a commissioner), and as a Delegate in the General Assembly. He reflects on his years…

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July 2, 2025

Government Liability and Courts / Public Safety and Corrections

NACo Pushes For Sanctuary County Clarifications From US Dept of Homeland Security

A recent letter from the National Association of Counties (NACo) to the US Department of Homeland Security (DHS) requests an explanation of sanctuary jurisdictions list, citing concerns around the legal challenges that local detention centers face when complying with Immigration and Customs Enforcement (ICE) detainers. Last week, NACo, along with the National League of Cities (NLC), and the International Municipal Lawyers Association (IMLA), requested additional clarification on the methodology used to create a recent sanctuary…

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July 2, 2025