Maryland's highest court decided Thursday to wait for more information before issuing a mandate that would require lawyers to be available to a defendant within 24 hours of arrest, when it is decided whether he or she will be detained or released.
At its conference, the Court of Appeals decided to consider responses, due March 5, to motions filed by the Baltimore City District Court Commissioners and state Public Defender Paul B. DeWolfe Jr. before issuing a mandate to enforce its Jan. 4 decision.
DeWolfe, whose office would need an estimated $28 million more annually to make public defenders available at initial bail and bail review hearings, told the court in asking again for a stay of at least 180 days that his office does not have and is unlikely to quickly obtain the resources to comply.
Meanwhile, Maryland lawmakers have before them bills that would change the Maryland Public Defender Act, under which the court ruled that defendants have right to counsel.
Among options discussed are requiring judges to hold bail review hearings within 24 hours and providing lawyers then — a move that would require District Court judges to work weekends.
Advocates who contend no one's liberty should be taken without legal representation say they may seek a decision on constitutional grounds.
— Margie Hyslop