We are asked in this appeal whether an indigent defendant is entitled to appointed counsel when a Commissioner makes the Rule 4-216 bail determination. We hold, for the reasons that follow, that an indigent defendant is entitled to such representation, under Maryland’s Public Defender statute, Maryland Code (2001, 2008 Repl. Vol.), §§ 16-101 through 16-403 of the Criminal Procedure Article (hereafter “Public Defender Act” or “Act”).
This case comes to us from the decision of the Circuit Court for Baltimore City granting summary judgment for the Plaintiffs, entering a declaratory judgment, and denying the Plaintiffs’ request for an injunction to enforce the rights declared. The Plaintiffs sought a declaration that they and the class of indigent persons they represent have the right, under the federal and state constitutions and the Public Defender Act, to be represented by the Public Defender at bail hearings, which are conducted as part of the initial appearance before Commissioners at the Baltimore City Booking and Intake Center (“Central Booking Jail”). To assist in understanding the parties’ respective arguments and the issues we must decide, we describe at the outset what occurs at the initial appearance before the Commissioner.
Judge(s): Mary Barbera
Jurisdiction: Maryland Court of Appeals
Related Categories: Constitutional Law
|Court of Appeals Judge(s)|
|Clayton Greene, Jr.|
|Glenn Harrell, Jr.|