PUBLIC DEFENDER v. State
Decision Date | 16 April 2010 |
Docket Number | No. 9 September.Term,2009.,9 September.Term |
Citation | 413 Md. 411,993 A.2d 55 |
Parties | OFFICE OF the PUBLIC DEFENDER, et al. v. STATE of Maryland. |
Court | Maryland Court of Appeals |
COPYRIGHT MATERIAL OMITTED
Peter F. Rose. Gen. Counsel (Nancy S. Forster, Public Defender, Baltimore, MD), on brief for Appellants.
Andrew H. Baida (Caroline L. Hecker of Rosenberg, Martin, Greenberg, LLP, Baltimore, MD), on brief for Appellees.
ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.
In the present case, we must determine whether a Maryland trial court possesses the authority, statutory or otherwise, to appoint an attorney from a local Office of the State Public Defender ("OPD") to represent a criminal defendant who qualifies for public representation based on indigency, as defined by the Maryland Code, upon the court's finding that the local OPD denied previously and erroneously representation to the defendant. For reasons we shall explain, we answer that question in the affirmative. As such, we shall hold that the Circuit Court for Cecil County did not exceed its authority when it appointed John K. Northrop ("Northrop"), the Deputy District Public Defender for Cecil County, or a member of his office or a panel attorney, to represent Jason Flynn Stinnett ("Stinnett"), a criminal defendant whom the Circuit Court found qualified as indigent under the Maryland Code, but to whom representation had been denied previously and wrongfully by the local OPD. Despite our holding, we shall reverse the Circuit Court's judgment of contempt against Northrop, issued in response to his refusal (on orders from his superiors) to appear in court on Stinnett's behalf in accordance with the order of appointment, because the Circuit Court failed to comply with the mandatory requirements of the Maryland Rules governing contempt judgments.
Jason Flynn Stinnett was indicted by a grand jury in Cecil County on multiple burglary charges and other related offenses. Stinnett applied timely for public legal representation from the local OPD. On 19 March 2008, the local OPD determined that Stinnett failed to meet the requirements for its services because his income1 exceeded 110% of the Federal Poverty Guidelines,2 the limit to qualify for representation by the OPD according to COMAR 14.06.03.05A3 and D(2).4 Thus, the local OPD informed Stinnett, by letter dated 19 March 2008, that, because his income exceeded the maximum net income level, he did not qualify for representation by that agency.
On 7 April 2008, Stinnett appeared, unrepresented by counsel, at a status hearing before the Circuit Court and requested that an attorney be appointed for him because he could not afford to retain private counsel and the local OPD had denied representation. Upon Stinnett's request, the trial judge proceeded (at some length) to describe his perception of the relative roles of the local OPD and the court in providing counsel for indigent defendants, and the authority of the court to appoint counsel on an indigent defendant's behalf where the local OPD denies representation:
Following this explication, the court proceeded to conduct an indigency hearing, examining the factors to be considered in determining indigency contained in Maryland Code, Article 27A, § 7;7 COMAR 14.06.03.05A; and Baldwin;8 rather than applying the maximum income level rule contained in COMAR 14.06.03.05A and D(2), the standard used by the local OPD with regard to Stinnett's application. In doing so, the Circuit Court maintained that, under Baldwin, any determination of indigency, whether conducted by the local OPD or a trial court, must take into account the statutory indigency factors contained in Art. 27A, § 7, and COMAR 14.06.03.05A, and that the local OPD acted contrary to the mandates of Baldwin when it considered solely whether Stinnett's net annual income exceeded 110% of the Federal Poverty Guidelines.
Turning to examine the specifics of Stinnett's financial situation, in response to the court's questioning, Stinnett testified that: (1) he was employed with Mid-Atlantic Electrical Contractors, a job which paid him $19 per hour (resulting in a net take-home income of approximately $2123 per month), without any opportunity for overtime; (2) he had approximately $400 in a bank account and no other assets that could be liquidated to pay for an attorney; (3) at the time of the hearing, he resided in a halfway house, paying $650 per month in boarding costs and $65 per month for food; (4) he had been ordered by the Circuit Court for Harford County to pay $331 per month in restitution arising from a prior robbery conviction; (5) he paid the entirety of his daughter's private school tuition, at a cost of $440 per month; (6) he spent approximately $108 per month to purchase lunch; and, (7) he paid $520 per month for transportation operating costs to and from work in a vehicle loaned to him by his father. In addition, based on standard child support calculations, the Circuit Court determined that Stinnett's expenses relating to the shared custody of his daughter amounted to $420 per month.
Totaling Stinnett's income and expenses, each aspect of which it found to be "fair and reasonable," the Circuit Court determined that Stinnett had, in fact, no net income; Stinnett's net income of $2123 per month fell well below the $2534 in expenses he incurred each month. In addition, the Circuit Court found that the reasonable cost for a private attorney to represent Stinnett would be between $3000 and $5000. On this basis, the judge determined that, despite the local OPD's conclusion to the contrary, Stinnett, in fact, was indigent under the factors enumerated in Art. 27A, § 7, and COMAR 14.06.03.05A, as explicated in Baldwin, and was entitled to the appointment of an attorney at the State's expense. Accordingly, the Circuit Court issued an order9 naming Northrop, the Deputy District Public Defender for Cecil County, or another qualified attorney from the local OPD or its list of panel attorneys, to represent Stinnett.10 Northrop filed a notice of appeal from the order appointing him counsel for Stinnett, but did not seek to stay its effect pending the outcome of the appeal.
At a later hearing in Stinnett's case, held on 8 August 2008, Northrop did not appear. As a result, the trial judge found him in direct contempt of court and fined him $10.00. Subsequent to the contempt finding against Northrop, Stinnett entered a guilty plea, which the Circuit Court accepted, and was sentenced to a three-year term of imprisonment, suspended, and two years unsupervised probation. Stinnett did not appeal the judgment entered against him. On the other hand, Northrop noted an appeal to the Court of Special Appeals from the 8 August 2008 order finding him in direct contempt. He also filed with this Court a petition for...
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