DeWolfe v. Richmond 09252013

2013 Maryland Court of Appeals Opinion, DeWolfe v. Richmond. Question Presented: Whether indigent defendants are entitled to state-furnished counsel at initial appearance before a District Court Commissioner. Court held due process clause of MD Declaration of Rights requires state funded counsel at any proceeding that may result in the defendant's incarceration, including initial appearances before a commissioner 

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Under Maryland law, when an individual is arrested for an offense they are brought before a district court commissioner. The commissioner determines if there is probable cause that a crime has been committed (for those arrested without a warrant) and whether the accused is eligible for pretrial release or will be detained. At the time the suit was filed prosecutors appeared at these hearings, but no attorney was appointed for the accused. District Court Commissioners are not required to have a law degree. NACDL Amicus Supporting Right to Counsel

Recognizing that pretrial detention, even if only for a few days, can have devastating impacts on the arrestee and their family, the Court found that this hearing was a "critical stage" in the proceedings, and thus under the due process clause of Maryland's Declaration of Rights, an accused was entitled to state-furnished representation. 

In the wake of the court's ruling that eligible arrestees were entitled to court appointed counsel at initial appearance hearings, the state allocated an additional $10 million to hire additional attorneys to staff these hearings. 

More on DeWolfe v. Richmond can be found in: Douglas L. Colbert, The Maryland Access to Justice Story: Indigent Defendants' Right to Counsel at First Appearance,