OFFICE OF PUBLIC DEFENDER

ORIGIN & FUNCTIONS

The Office of Public Defender was created in 1971 (Chapter 209, Acts of 1971). In criminal and juvenile proceedings within the State, the Office provides indigent persons with counsel, and related necessary services and facilities. The Office assures effective assistance and continuity of counsel to accused indigent persons in custody and to indigent defendants in criminal and juvenile proceedings before the courts of the State. The Office of the Public Defender administers and assures enforcement of these provisions.

The Public Defender provides legal representation for indigent defendants in criminal or juvenile proceedings that require the presence of counsel before a commissioner or judge; in post-conviction proceedings; and in any other proceeding where incarceration may result pursuant to a judicial commitment of individuals to public or private institutions.

The Board of Trustees of the Public Defender system consists of three members appointed by the Governor for three-year terms. Two members must be practicing attorneys-at-law.

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 the Public Defender are four divisions: Appellate; Capital Defense; Collateral Review; and Mental Health. The Office also is aided by Regional Advisory Boards.

PUBLIC DEFENDER REGIONAL ADVISORY BOARDS
Effective October 1, 1996, four Regional Advisory Boards for the Public Defender system will study and observe the operation of district public defender offices. Each board will advise the Public Defender and its district public defenders with respect to panels of attorneys, fees, and other matters pertaining to the operation of the district public defender offices and the Public Defender system.

Composed of five members, each board represents from two to four districts of the District Court of Maryland. Members are appointed to three-year terms by the Governor. Annually, the Governor names the chair (Code 1957, Art. 27A, sec. 10).

APPELLATE DIVISION

The Appellate Division has statewide responsibility for all appellate litigation involving Public Defender clients and 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, containing a cumulative summary of all reported Maryland appellate court and U.S. Supreme Court opinions relating to criminal law, as well as comments and articles on procedure, trial tactics, and changes in rules of procedure and criminal statutes.

CAPITAL DEFENSE DIVISION

The Capital Defense Division provides representation statewide to persons charged with crimes for which they may be subject to the death penalty. The Division also assists public and private attorneys representing these defendants. Division services apply only to representation in or with respect to the courts of Maryland.

COLLATERAL REVIEW DIVISION

The Collateral Review Division, formerly the Inmate Services 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, without recourse to litigation, the Division also helps resolve inmate complaints and personal problems that arise from incarceration. Referrals are made to the Prisoners Assistance Project of the Legal Aid Bureau, Inc., and the Inmate Grievance Office of the Department of Public Safety and Correctional Services.

MENTAL HEALTH DIVISION

The Mental Health Division furnishes counsel to all persons civilly committed to mental institutions, and to criminal clients in cases involving mental health and similar issues. The civil commitment representation takes place at hospitals throughout the State and in related court proceedings. For criminal cases, 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.

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