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It is going to get worse for the counties...one of the “cuts” is no funding to the Public Defender’s Office for panel attorneys. The Public Defender is pushing back by saying to people “you are entitled to our representation, but we have an internal conflict with your case and will not represent you.”
(normally a private attorney is then assigned as a PD panel attorney and paid by the PD’s office)

They put that in a letter and tell the person to give a copy to the judge at their initial appearance.

There is a divided opinion as to what happens next...

There is no question that the criminal case cannot proceed against the defendant if they tell the Court they want an attorney, cannot afford one, have applied to the PD’s office and been told they meet the requirements for representation (below a certain income level) but the PD’s office can’t represent them due to a conflict.

There is no question that the Court can order any private attorney to represent the defendant and the attorney cannot refuse. (I have a problem with that Constitutionally)

However there is a difference of opinion of who pays the attorney once ordered by the Court to represent the defendant.

The State’s (via the Public Defender’s Office) position is that the local county government must fork over the $ to the attorney.

There also appears to be an AG’s opinion the county doesn’t have to pay the attorney.

Seems to me this is an unfunded mandate, that the State government is obligated to undertake, that is now being passed on to the local governments. And make no mistake, the attorneys will be appointed and they will get paid, it is just a question of by which level of government.

So part of O’Malley’s “cuts” aren’t really cuts at all - he just keeps his State taxes high, and shifts some of the line item expenses down to the counties...which actually is a tax increase since your State taxes are supposed to be paying this particular expense.

God I hate Maryland and the socialists running this State.