Md. Code, Criminal Procedure, Title 16

Md. Code, Criminal Procedure, Title 16
in effect

Md. Code, Criminal Procedure § 16-101

(a) In this title the following words have the meanings indicated. (b) “Board of Trustees” means the Board of Trustees of the Office of the Public Defender established under § 16–301 of this title. (c) “District” means an area conforming to the geographic boundaries of a District Court district established in § 1–602 of the Courts Article. (d) “Indigent individual” means an individual who qualifies as an indigent individual under § 16–210 of this title. (e) (1) “Office” means the Office of the Public Defender. (2) “Office” includes each district office and branch office of the Public Defender. (f) “Panel attorney” means an attorney who is eligible for appointment as an attorney for an indigent individual. (g) “Regional advisory board” means a public defender regional advisory board. (h) “Serious offense” means: (1) a felony; (2) a misdemeanor or offense punishable by confinement; (3) a delinquent act that would be a serious offense if committed by an adult; or (4) an offense in which, in the opinion of the court, the complexity of the matter or the youth, inexperience, or mental capacity of the accused requires representation of the accused by an attorney.

Md. Code, Criminal Procedure § 16-201

It is the policy of the State to: (1) provide for the realization of the constitutional guarantees of counsel in the representation of indigent individuals, including related necessary services and facilities, in criminal and juvenile proceedings in the State; (2) assure the effective assistance and continuity of counsel to indigent accused individuals taken into custody and indigent individuals in criminal and juvenile proceedings before the courts of the State; and (3) authorize the Office of the Public Defender to administer and ensure enforcement of this title.

Md. Code, Criminal Procedure § 16-203

(a) (1) The head of the Office is the Public Defender. (2) The Public Defender shall be appointed by the Board of Trustees. (3) By a vote of at least seven members, the Board of Trustees may remove the Public Defender for: (i) misconduct in office; (ii) persistent failure to perform the duties of the Office; or (iii) conduct prejudicial to the proper administration of justice. (4) To qualify for appointment as Public Defender, an individual shall be an attorney admitted to practice law in the State by the Supreme Court of Maryland who has engaged in the practice of law for at least 5 years before appointment. (5) The Public Defender shall receive the same salary as a judge of a circuit court. (6) The Public Defender may not engage in the private practice of law. (7) The Public Defender serves for a term of 6 years. (b) (1) With the approval of the Board of Trustees, the Public Defender shall appoint: (i) a deputy public defender who is in the executive service of the State Personnel Management System; and (ii) one district public defender for each district of the District Court, each of whom is in the management service of the State Personnel Management System. (2) The deputy public defender and each district public defender shall have the same qualifications as the Public Defender. (3) A district public defender shall: (i) assist the Public Defender to perform the duties of the Office; and (ii) subject to the supervision of the Public Defender, be in charge of the public defender offices in the district for which the district public defender is appointed. (c) (1) With the advice of the district public defenders, the Public Defender may employ assistant public defenders in accordance with the State budget. (2) To qualify for employment as an assistant public defender, an individual shall be an attorney and admitted to practice law in the State by the Supreme Court of Maryland. (3) Assistant public defenders are in the professional service of the State Personnel Management System and may be terminated or otherwise disciplined only for cause in accordance with Title 11 of the State Personnel and Pensions Article. (d) (1) The deputy public defender and district public defenders shall serve at the pleasure of the Public Defender. (2) The deputy public defender, district public defenders, and assistant public defenders may not engage in the private practice of criminal law. (e) The Public Defender shall employ investigators, stenographic assistants, clerical assistants, and other personnel as may be required to assist the Public Defender and the district public defenders to perform the duties of the Office in accordance with the State budget. (f) (1) Subject to subsections (b)(1) and (c)(3) of this section, all other positions in the Office are in the executive, management, professional, or skilled service of the State Personnel Management System. (2) Employees in the professional or skilled service may be terminated or otherwise disciplined only for cause in accordance with Title 11 of the State Personnel and Pensions Article. (g) (1) Subject to paragraph (2) of this subsection, the Public Defender shall establish and maintain suitable offices in the State. (2) At least one Public Defender’s office shall be in each district. (h) The number of positions, compensation, and expenses for the Office shall be in accordance with the State budget.

Md. Code, Criminal Procedure § 16-204

§16–204. IN EFFECT (a) Representation of an indigent individual may be provided in accordance with this title by the Public Defender or, subject to the supervision of the Public Defender, by the deputy public defender, district public defenders, assistant public defenders, or panel attorneys. (b) (1) Indigent defendants or parties shall be provided representation under this title in: (i) a criminal or juvenile proceeding in which a defendant or party is alleged to have committed a serious offense; (ii) a criminal or juvenile proceeding in which an attorney is constitutionally required to be present prior to presentment being made before a commissioner or judge; (iii) a postconviction proceeding for which the defendant has a right to an attorney under Title 7 of this article; (iv) any other proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result; (v) a proceeding involving children in need of assistance under § 3–813 of the Courts Article; (vi) a family law proceeding under Title 5, Subtitle 3, Part II or Part III of the Family Law Article, including: 1. for a parent, a hearing in connection with guardianship or adoption; 2. a hearing under § 5–326 of the Family Law Article for which the parent has not waived the right to notice; and 3. an appeal; or (vii) an assisted outpatient treatment proceeding under Title 10, Subtitle 6A of the Health – General Article. (2) (i) Except as provided in subparagraph (ii) of this paragraph, representation shall be provided to an indigent individual in all stages of a proceeding listed in paragraph (1) of this subsection, including, in criminal proceedings, custody, interrogation, bail hearing before a District Court or circuit court judge, preliminary hearing, arraignment, trial, and appeal. (ii) Representation is not required to be provided to an indigent individual at an initial appearance before a District Court commissioner. (c) Subsection (b)(1)(vii) of this section may not be construed to prevent a respondent from retaining private counsel at the respondent’s own expense. §16–204. // EFFECTIVE JUNE 30, 2030 PER CHAPTERS 703 AND 704 OF 2024 // (a) Representation of an indigent individual may be provided in accordance with this title by the Public Defender or, subject to the supervision of the Public Defender, by the deputy public defender, district public defenders, assistant public defenders, or panel attorneys. (b) (1) Indigent defendants or parties shall be provided representation under this title in: (i) a criminal or juvenile proceeding in which a defendant or party is alleged to have committed a serious offense; (ii) a criminal or juvenile proceeding in which an attorney is constitutionally required to be present prior to presentment being made before a commissioner or judge; (iii) a postconviction proceeding for which the defendant has a right to an attorney under Title 7 of this article; (iv) any other proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result; (v) a proceeding involving children in need of assistance under § 3–813 of the Courts Article; or (vi) a family law proceeding under Title 5, Subtitle 3, Part II or Part III of the Family Law Article, including: 1. for a parent, a hearing in connection with guardianship or adoption; 2. a hearing under § 5–326 of the Family Law Article for which the parent has not waived the right to notice; and 3. an appeal. (2) (i) Except as provided in subparagraph (ii) of this paragraph, representation shall be provided to an indigent individual in all stages of a proceeding listed in paragraph (1) of this subsection, including, in criminal proceedings, custody, interrogation, bail hearing before a District Court or circuit court judge, preliminary hearing, arraignment, trial, and appeal. (ii) Representation is not required to be provided to an indigent individual at an initial appearance before a District Court commissioner.

Md. Code, Criminal Procedure § 16-205

Representation of an indigent individual by the Office or by a panel attorney shall continue until the final disposition of the case or until the assigned attorney is relieved by the Public Defender or order of the court in which the case is pending.

Md. Code, Criminal Procedure § 16-206

(a) This title does not prohibit the Office from representing an indigent individual in federal court at federal expense if the matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the State. (b) Compensation paid by the federal court to the Public Defender, the deputy public defender, a district public defender, or an assistant public defender shall be remitted to the General Fund of the State.

Md. Code, Criminal Procedure § 16-207

(a) The primary duty of the Public Defender is to provide representation for indigent individuals in accordance with this title. (b) The Public Defender shall: (1) be responsible generally for the operation of the Office and all district offices; (2) prepare schedules of professional fees and expenses for panel attorneys and other professional and technical services rendered to indigent individuals other than by the Public Defender’s staff, taking into consideration the nature of the services, the time spent, the skill or experience required, and any other pertinent factor; (3) consult and cooperate with professional groups about the causes of criminal conduct and the development of effective means to: (i) reduce and discourage the commission of crime; (ii) rehabilitate and correct individuals charged and convicted of crime; (iii) administer criminal justice; and (iv) administer and conduct the Office; and (4) maintain financial and statistical records about each case in which the Office provides legal assistance to an indigent individual, including data to calculate all direct and indirect costs to the Office. (c) The Public Defender may: (1) adopt regulations to carry out the purposes of this title and promote the efficient conduct of the work and general administration of the Office, its professional staff, and other employees; (2) make necessary arrangements to coordinate services of the Office with any federal program to provide an attorney to indigent individuals; (3) arrange for the Office to receive money or services available to assist in the duties under this title; and (4) accept the services of volunteer workers or consultants at no compensation or at nominal or token compensation and reimburse them for their necessary expenses. (d) (1) Subject to paragraph (2) of this subsection, in Baltimore City, the Public Defender may contract with private or public organizations to provide legal, administrative, or technical services for indigent individuals. (2) A contract shall require that: (i) the level and quality of the work at least equal that of the Office; and (ii) the Public Defender supervise and control all services rendered.

Md. Code, Criminal Procedure § 16-208

(a) (1) Subject to the authority and supervision of the Public Defender, each district public defender shall maintain a confidential list of private attorneys available to be appointed as attorneys for indigent individuals eligible for representation under this title. (2) Each attorney on the list shall be: (i) admitted to practice law in the State; and (ii) placed on various panels in accordance with qualification criteria that the Public Defender sets forth, based on: 1. the nature and complexity of the offense requiring representation; 2. the trial or appellate experience of the attorney; and 3. any other factor necessary to ensure competent representation. (b) (1) Except in cases in which an attorney in the Office provides representation, the district public defender, subject to the supervision of the Public Defender, shall appoint an attorney from an appropriate panel to represent an indigent individual. (2) Panel attorneys shall be used as much as practicable. (c) (1) The primary duty of a panel attorney is to the indigent individual represented by the panel attorney with the same effect and purpose as though privately engaged by that individual and without regard to the use of public funds to provide the service. (2) A panel attorney shall report to the Office as the regulations of the Public Defender require. (3) This subsection does not preclude the designation or assignment of different individuals to perform various parts of the service. (d) (1) A panel attorney shall file a petition to be compensated by the Public Defender for fees and expenses incident to representing indigent individuals, including investigation, other pretrial preparation, trial, and appeal. (2) The Office shall authorize payment of fees and expenses according to schedules prepared under § 16–207(b)(2) of this subtitle and from funds appropriated by the State budget. (3) A panel attorney may not receive a fee for services in addition to that provided in accordance with this title. (4) To be compensated for fees or expenses that the Public Defender disapproves or that exceed those authorized for payment, a panel attorney may seek a review by a regional advisory board. (5) All fees and expenses paid to panel attorneys, including any authorized by a regional advisory board, shall be paid out of funds appropriated by the State budget. (e) The Office may provide staff and technical assistance to a panel attorney appointed to represent an indigent individual.

Md. Code, Criminal Procedure § 16-209

(a) Communications between an indigent individual and an individual in the Office or engaged by the Public Defender are protected by the attorney–client privilege to the same extent as though an attorney had been privately engaged. (b) (1) Subject to paragraph (2) of this subsection, this section does not preclude the Public Defender from using material in the Public Defender’s files that is otherwise privileged to prepare and disclose statistical, case study, and other sociological data. (2) Material used to prepare and disclose sociological data may not disclose the identity of a particular indigent individual.

Md. Code, Criminal Procedure § 16-210

(a) An individual may apply for services of the Office as an indigent individual, if the individual states in writing under oath or affirmation that the individual, without undue financial hardship, cannot provide the full payment of an attorney and all other necessary expenses of representation in proceedings listed under § 16–204(b) of this subtitle. (b) For an individual whose assets and net annual income are less than 100 percent of the federal poverty guidelines, eligibility for services of the Office may be determined without an assessment regarding the need of the applicant. (c) (1) For an individual whose assets and net annual income equal or exceed 100 percent of the federal poverty guidelines, eligibility for the services of the Office shall be determined by the need of the applicant. (2) Need shall be measured according to the financial ability of the applicant to engage and compensate a competent private attorney and to provide all other necessary expenses of representation. (3) Financial ability shall be determined by: (i) the nature, extent, and liquidity of assets; (ii) the disposable net income of the applicant; (iii) the nature of the offense; (iv) the length and complexity of the proceedings; (v) the effort and skill required to gather pertinent information; and (vi) any other foreseeable expense. (4) If eligibility cannot be determined before the Office or a panel attorney begins representation, the Office may represent an applicant provisionally. (5) If the Office subsequently determines that an applicant is ineligible: (i) the Office shall inform the applicant; and (ii) the applicant shall be required to engage the applicant’s own attorney and reimburse the Office for the cost of the representation provided. (d) (1) A District Court commissioner shall determine whether an individual qualifies as indigent. (2) An individual charged with a crime that carries a penalty of incarceration may apply for representation by the Office to a District Court commissioner during commissioner operating hours. (3) (i) For the purpose of an initial appearance proceeding or bail review, a District Court commissioner shall make a preliminary determination as to whether an individual qualifies as indigent. (ii) An indigent individual shall be represented by the Office if the initial appearance or bail review is before a judge. (iii) Representation at the initial appearance shall terminate at the conclusion of the proceeding, unless the commissioner has made a final determination that the individual qualifies as indigent and the Office has entered a general appearance. (4) The commissioner shall: (i) make a final determination as to whether an individual is: 1. indigent and qualified for services of the Office; or 2. not qualified for services of the Office; or (ii) determine that the individual’s financial status is subject to further verification. (5) If the commissioner makes a final determination under paragraph (4)(i) of this subsection, the commissioner shall notify the individual in writing of the determination. (6) An individual whose financial status is subject to further verification may submit to the commissioner additional information to be qualified for services of the Office. (e) (1) A District Court commissioner shall investigate the financial status of an applicant when the circumstances warrant. (2) A District Court commissioner may: (i) require an applicant to execute and deliver written requests or authorizations that are necessary under law to provide the commissioner with access to confidential records of public or private sources that are needed to evaluate eligibility; and (ii) on request, obtain information without charge from a public record office or other unit of the State, county, or municipal corporation. (3) (i) A District Court commissioner may submit requests to the Maryland Department of Labor and the Comptroller for information regarding the employment status and income of applicants. (ii) Each request shall be accompanied by an authorization for release of information that is: 1. in a form acceptable to the agency to which the request is submitted; and 2. signed by the applicant. (iii) The Maryland Department of Labor and the Comptroller shall comply with requests for information made by a District Court commissioner under this paragraph. (iv) Requests and responsive information may be exchanged by facsimile transmission.

Md. Code, Criminal Procedure § 16-211

(a) (1) If it appears that an indigent individual has or reasonably expects to have means to meet some of the expenses for services rendered, the indigent individual shall reimburse the Office: (i) by a single payment or in installments; and (ii) in the amount that the indigent individual can reasonably be expected to pay. (2) A default or failure by an indigent individual to make a payment may not affect the rendering of services to the indigent individual. (b) The Central Collection Unit of the Department of Budget and Management, on behalf of the Public Defender and in the name of the State, shall do all things necessary to collect all reimbursement money due to the State for services rendered in accordance with this title. (c) (1) A court exercising criminal jurisdiction shall order a defendant to reimburse the State for services rendered to the defendant by the Public Defender as a term or condition of a sentence, judgment, or probation imposed by the court, unless the court: (i) affirmatively finds that the defendant cannot make the reimbursement; and (ii) waives the term or condition. (2) The court shall establish the amount, time, and method of payment. (3) In all other cases of reimbursement for services rendered, collection shall be made in accordance with subsection (b) of this section. (d) (1) A court exercising other than criminal jurisdiction shall order an indigent individual represented by the Public Defender to reimburse the State for the reasonable value of services rendered to the indigent individual in an amount that the indigent individual may reasonably be able to pay. (2) If the indigent individual is a minor, the court shall order the parents, guardian, or custodian of the minor to reimburse the State for the reasonable value of services rendered in an amount that the parents, guardian, or custodian may reasonably be able to pay. (3) The court shall establish the amount, time, and method of payment. (e) Before ordering reimbursement under subsection (d) of this section, a court shall grant an opportunity to be heard to the indigent individual or the parents, guardian, or custodian of a minor.

Md. Code, Criminal Procedure § 16-212

(a) The reasonable value of the services rendered to an indigent individual in accordance with this title is a lien on real or personal property in which the indigent individual has or acquires an interest, except for the residence of the indigent individual. (b) To perfect the lien, the Public Defender shall submit to the court having jurisdiction in the matter an affidavit setting forth the services rendered to the indigent individual and their reasonable value. (c) (1) The court shall set a hearing date and shall notify the indigent individual of the date and the fact that the Public Defender filed an affidavit to perfect the lien. (2) The indigent individual may: (i) appear; (ii) be represented by an attorney; (iii) present evidence; and (iv) examine witnesses. (3) The indigent individual may contest the affidavit. (4) If the court determines that the Public Defender is not entitled to a lien, the proceeding shall be dismissed. (5) If the court determines that the Public Defender is entitled to a lien, the court shall determine the reasonable value of the services rendered to the indigent individual. (d) (1) On adjudication, a lien shall be filed or docketed with the clerk of the circuit court or District Court where the services were performed or where the indigent individual works or resides. (2) The lien shall: (i) constitute a lien on the indigent individual’s property for 10 years from the date of filing or docketing unless the lien is discharged sooner; and (ii) have the force and effect of a judgment at law. (3) (i) The clerks of the circuit courts and the District Court shall provide separate books to record liens under this section. (ii) The books shall be properly indexed in the name of the debtor. (iii) The Public Defender may not be required to pay filing or recording fees.

Md. Code, Criminal Procedure § 16-213

This subtitle does not prohibit the appointment of an attorney, other than through the Office, to represent an indigent individual by the District Court, a circuit court, or the Appellate Court of Maryland if: (1) there is a conflict in legal representation in a matter involving multiple defendants, and one of the defendants is represented by or through the Office; or (2) the Office declines to provide representation to an indigent individual entitled to representation under this subtitle.

Md. Code, Criminal Procedure § 16-301

(a) There is a Board of Trustees of the Office of the Public Defender. (b) The Board of Trustees consists of 13 members. (c) (1) Each member of the Board of Trustees shall be a resident of the State. (2) 11 members of the Board of Trustees shall be appointed by the Governor with the advice and consent of the Senate and shall include a representative of each judicial circuit of the State. (3) All members of the Board of Trustees shall be active attorneys admitted to practice before the Supreme Court of Maryland. (4) One member shall be appointed by the President of the Senate. (5) One member shall be appointed by the Speaker of the House of Delegates. (6) Each member appointed to the Board of Trustees shall: (i) have significant experience in criminal defense or other matters relevant to the work of the Board of Trustees; or (ii) have demonstrated a strong commitment to quality representation of indigent defendants, including juvenile respondents. (7) A member of the Board of Trustees may not be: (i) a current member or employee of: 1. the Judicial Branch; or 2. a law enforcement agency in the State; or (ii) 1. a State’s Attorney of a county or municipal corporation of the State; 2. the Attorney General of Maryland; or 3. the State Prosecutor. (d) (1) The term of an appointed member of the Board of Trustees is 3 years. (2) The terms of appointed members are staggered as required by the terms provided for members of the Board of Trustees on October 1, 2010. (3) A vacancy occurring on the Board of Trustees during the term of a member shall be filled for the remainder of the unexpired term in the same manner as provided for appointments in this section. (4) At the end of a term a member continues to serve until a successor is appointed and qualifies. (5) A member whose term has expired may be reappointed to the Board of Trustees. (e) (1) The Board of Trustees annually shall elect a chair from among its members. (2) The chair shall preside over and represent the interests of the Board of Trustees in carrying out this title. (f) Seven members of the Board of Trustees are a quorum. (g) (1) The Board of Trustees shall hold at least one regular annual meeting at a time and place that the chair designates. (2) Additional meetings shall be held as necessary and may be called on notice by the chair or at the request of at least two members of the Board of Trustees. (h) A member of the Board of Trustees: (1) may not receive compensation for serving on the Board of Trustees; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Criminal Procedure § 16-302

The Board of Trustees shall: (1) study and observe the operation of the Office; (2) coordinate the activities of the regional advisory boards; and (3) advise the Public Defender on panels of attorneys, fees, and other matters about the operation of the public defender system.

Md. Code, Criminal Procedure § 16-303

(a) There are four regional advisory boards of the Office. (b) Each regional advisory board consists of five members appointed by the Governor. (c) Of the four regional advisory boards: (1) the first shall advise public defender districts one, eight, and nine, which encompass Baltimore City, Baltimore County, and Harford County; (2) the second shall advise public defender districts two and three, which encompass Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County; (3) the third shall advise public defender districts four, five, and seven, which encompass Anne Arundel County, Calvert County, Charles County, Prince George’s County, and St. Mary’s County; and (4) the fourth shall advise public defender districts six, ten, eleven, and twelve, which encompass Allegany County, Carroll County, Frederick County, Garrett County, Howard County, Montgomery County, and Washington County. (d) Each member of a regional advisory board shall be: (1) a resident of a district represented by that regional advisory board; and (2) (i) a judge of a circuit court; (ii) a judge of the District Court; or (iii) an active attorney admitted to practice before the Supreme Court of Maryland. (e) (1) The term of a member of a regional advisory board is 3 years. (2) A vacancy occurring on a regional advisory board during the term of a member shall be filled by the Governor for the remainder of the unexpired term. (f) (1) The Governor shall annually designate a chair of each regional advisory board from among the members of that regional advisory board. (2) The chair shall preside over and represent the interests of that regional advisory board in carrying out this title. (g) Three members of a regional advisory board are a quorum. (h) (1) Each regional advisory board shall hold at least one regular annual meeting at a time and place that the chair designates. (2) Additional meetings may be called: (i) on notice by the chair; (ii) on notice by the Public Defender; (iii) on notice by the district public defender from a district represented by that regional advisory board; or (iv) at the request of at least three members of the regional advisory board. (i) A member of a regional advisory board: (1) may not receive compensation for serving on the regional advisory board; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Criminal Procedure § 16-304

Each regional advisory board shall: (1) study and observe the operation of district public defender offices; and (2) advise the Public Defender and district public defenders on panels of attorneys, fees, and other matters about the operation of district public defender offices and the public defender system.

Md. Code, Criminal Procedure § 16-401

(a) On or before September 30 of each year, the Public Defender shall submit a report to: (1) the Board of Trustees; (2) the Governor; and (3) in accordance with § 2–1257 of the State Government Article, the General Assembly. (b) The report shall include: (1) pertinent data about the operations of the Office, including projected needs, a breakdown of the number and type of cases handled, and relative dispositions; and (2) recommendations for statutory changes, including changes in the criminal law or Maryland Rules to control crime and improve the criminal justice system.

Md. Code, Criminal Procedure § 16-403

(a) The provisions of this title are severable. (b) The invalidity of a provision of this title does not affect other provisions that can be given effect without the invalid provision.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026
Md. Code, Criminal Procedure, Title 16 | Code of Maryland (Aug. 2026 snapshot) — Maryland | Corpus