The Office provides legal representation to defendants who cannot afford to hire a private attorney without incurring undue financial hardship. Assistance of counsel is extended to qualified indigent adults (who may be incarcerated or not) and to juveniles in proceedings before the District of Maryland and Circuit Courts, and during juvenile hearings. Through twelve district offices conforming to the twelve geographical districts of the District Court of Maryland, the Office conducts its work.
Throughout the legal process, the Office of Public Defender represents defendants while in custody, during interrogation, and at the preliminary hearing, arraignment, trial, and appeal. The Office also provides counsel to parents in Child in Need of Assistance (CINA) proceedings and civil contempt proceedings for nonsupport before a judge where there is the possibility of incarceration. For indigent persons facing civil commitment to Maryland psychiatric hospitals, the Office provides representation as well.
Appointed by the Governor, the Board of Trustees of the Public Defender system consists of three members who serve three-year terms. Two members must be practicing attorneys-at-law (Code 1957, Art. 27A, sec. 9).
Appointed by the Board of Trustees, the Public Defender must be an attorney-at-law who has been admitted to practice in Maryland by the Court of Appeals and engaged in the practice of law for a period of five years prior to appointment. The Public Defender, with the approval of the Board of Trustees, appoints the Deputy Public Defender and, for each district of the District Court, appoints one District Public Defender who must possess the same qualifications as the Public Defender. With the advice of the District Public Defender, Assistant Public Defenders may be appointed by the Public Defender (Code 1957, Art. 27A, secs. 1-14).
Within the Office of Public Defender are five divisions: Appellate; Capital Defense; Children in Need of Assistance; Collateral Review; and Mental Health.
In 1975, the Appellate Division was formed. The Division has statewide responsibility for all appellate litigation involving Public Defender clients in the Court of Special Appeals, the Court of Appeals, and the U.S. Supreme Court. It provides research and consultation on legal issues for staff and panel attorneys throughout the twelve Public Defender Districts. The Division also publishes a monthly Digest with summaries of all reported Maryland appellate court and U.S. Supreme Court opinions relating to criminal law, as well as articles on procedure, trial tactics, and changes in rules of procedure and criminal statutes.
The Capital Defense Division began as the Death Penalty Defense Unit in 1988, and adopted its present name in 1989. The Division provides legal services statewide in capital murder cases for which indigent defendants may be sentenced to death. The Division also assists public and private attorneys representing these defendants in Maryland courts. In capital cases, the Division advises on appointment of counsel, provides for investigations, and arranges for expert witnesses. It also provides data on sentencing in homicide cases, and trains staff and attorneys in capital litigation at the trial level.
The Office of Public Defender does not represent clients in federal court. The Division, however, does track cases through the federal court system since clemency proceedings and execution may follow upon exhaustion of federal claims.
520 West Fayette St. Baltimore, Maryland, February 2004. Photo by Diane F. Evartt.
Created in 1991, the Child in Need of Assistance Division provides representation for parents and legal guardians defending against allegations of abuse and neglect and removal of the children by the State is a possibility. In addition, the Division represents parents at hearings to terminate parental rights, and guardians at guardianship review hearings.
The Collateral Review Division, originated in 1975 as the Inmate Services Division and received its current name in 1993. The Division offers legal assistance to all indigent inmates who have legal problems concerning their incarceration. The Division provides representation in a wide range of collateral post-trial proceedings, including post-conviction applications, parole revocation, habeas corpus proceedings (including extradition), interstate and intrastate detainers, and requests for credit for time spent in prison prior to trial and sentencing.
Informally and without recourse to litigation, the Division also helps resolve inmate complaints and personal problems that arise from imprisonment. Referrals are made to the Prisoners Assistance Project, and the Inmate Grievance Office of the Department of Public Safety and Correctional Services.
300 West Preston St., Baltimore, Maryland, December 2000. Photo by Diane F. Evartt.
District Court/Multi-Service Center
Since 1975, the Mental Health Division has functioned within the Office of Public Defender. At hospitals throughout the State and in related court proceedings, the Division furnishes counsel to persons involuntarily committed to Maryland psychiatric facilities. Representation is provided to indigent clients upon admission to the hospital, at their periodic reviews, and when seeking judicial release from psychiatric institutions. Criminals in cases involving mental health and similar issues also are represented by the Division. For these, Division staff assist every district and division in the Public Defender system and appear in cases from the district and juvenile courts through the circuit courts to the Court of Appeals.
District Court/Multi-Service Center, 7500 Ritchie Highway, Glen Burnie, Maryland, January 2001. Photo by Diane F. Evartt.
? Copyright Maryland State Archives
BOARD OF TRUSTEES
The Board of Trustees reviews the administration of the Public Defender system and advises the Public Defender on its operation. It coordinates the activities of district advisory boards and consults on matters such as the formation of panels of attorneys and fees.
PUBLIC DEFENDER
The Public Defender directs the operation of the Office of Public Defender and its district offices. Fees and expenses paid for private legal and technical services are set and the services of volunteer workers are coordinated by the Public Defender. The Public Defender also coordinates the services of the Office with federal programs providing counsel to indigent defendants. In addition, the Public Defender cooperates with professional groups to evaluate the causes of crime, develop ways to reduce or discourage criminal behavior and rehabilitate offenders, and improve the administration of the criminal justice system.
APPELLATE DIVISION
William Donald Schaefer Tower
6 St. Paul St., Suite 1302
Baltimore, MD 21202
![[photo, 520 West Fayette St. Baltimore, Maryland]](/msa/mdmanual/29ap/images/1198-1-664.jpg)
CAPITAL DEFENSE DIVISION
Maryland Bar Center
520 West Fayette St.
Baltimore, MD 21201
CHILD IN NEED OF ASSISTANCE DIVISION
110 St. Paul Place, Suite 201
Baltimore, MD 21202
![[photo, 300 West Preston St., Baltimore, Maryland]](/msa/mdmanual/25ind/images/i005906b.jpg)
COLLATERAL REVIEW DIVISION
300 West Preston St., Room 213
Baltimore, MD 21201
![[photo, District Court/Multi-Service Center, Ritchie Highway, Glen Burnie, Maryland]](/msa/mdmanual/36loc/an/images/i005974b.jpg)
MENTAL HEALTH DIVISION
7500 Ritchie Highway, Suite 206
Glen Burnie, MD 21061
DISTRICT OPERATIONS
The Office of Public Defender provides legal representation to defendants through twelve district offices whose boundaries correspond to those of the twelve District Courts. These district offices are overseen by four public defender regional advisory boards. Advisory board members are appointed to three-year terms by the Governor.
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e-mail: mdmanual@mdarchives.state.md.us