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Maryland

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Abuse/Neglect/Dependency - Accused Parents

Legislation

April 7, 2025

Maryland “Know Before They Knock" Family Right to Notice Act dies

A 2025 bill would have provided parents with notice of their rights upon initial contact with social services or law enforcement.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

All Basic Human Needs

Miscellaneous

June 16, 2020

Maryland AG creates access to justice task force, flags right to counsel

Maryland Attorney General Brian Frosh announced the creation of an access to justice task force and that right to counsel would be considered.

Appointment of Counsel: Doesn't Affect

Qualified: No

Report

December 1, 2014

Two MD legislative commissions urge phased-in RTC in DV, and custody pilot

One Maryland legislative task force and one commission urge the state to adopt a phased-in right to counsel in DV cases and a custody pilot.

Appointment of Counsel: Doesn't Affect

Qualified: No

NCCRC staffers John Pollock and Debra Gardner testified before the Task Force.

ATJC effort

June 3, 2011

Maryland Access to Justice Commission Releases RTC Implementation Report

The ATJC's report described how new rights to counsel might be implemented in MD, and put a price tag on such an implementation.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Civil Commitment

Litigation

Key Development

December 17, 2021

MD high court: Right to counsel for patients facing forced medication

The Maryland Court of Appeals ruled that involuntarily committed patients objecting to medication have a right to counsel.

Appointment of Counsel: Yes

Qualified: No

The NCCRC consulted with merits counsel prior to the petition for review being granted.

Qualified

Civil Contempt in Family Court

Legislation

Key Development

July 6, 2020

MD court: Threat of incarceration makes right to counsel attach

A Maryland appellate court held that statutory law entitles civil contempt defendants to counsel when they are threatened with incarceration.

Appointment of Counsel: Yes

Qualified: Yes

Litigation

Key Development

September 25, 2013

MD high court reaffirms right to counsel in civil contempt cases

The Court of Appeals of Maryland has indirectly reaffirmed that people facing incarceration for civil contempt still have a right to counsel.

Appointment of Counsel: Yes

Qualified: No

Doesn't Affect

Custody Disputes - Parents

Litigation

March 4, 2002

MD high court avoids question of right to counsel in custody cases

The Maryland Court of appeals narrowly avoided addressing whether parents have a right to counsel in custody cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

The Public Justice Center, which staffs the NCCRC, filed this case.

Doesn't Affect

Housing - Evictions

Legislation

May 13, 2025

Maryland extends appropriations for the eviction right to counsel through 2028

In May 2025, Maryland enacted SB 154, extending funding for the eviction right to counsel and modifying task force provisions.

Appointment of Counsel: Doesn't Affect

Qualified: No

January 10, 2025

All about the eviction RTC in Maryland

In May, Maryland became the second state to provide a statewide right to counsel for indigent tenants facing evictoin.

Appointment of Counsel: Yes

Qualified: No

The NCCRC helped shape the bill language and is part of the statewide coalition of advocates.

December 12, 2024

All about Baltimore's tenant RTC

The City of Baltimore has enacted a bill to provide all low-income tenants facing eviction with counsel .

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC helped with the bill development process.

January 31, 2025

HB103

Would eliminate Access to Counsel in Evictions Task Force but lift the sunset on the program's primary yearly funding source

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC filed testimony to the Appropriations Committee in Feb 2025 in support of the bill.

January 31, 2025

HB876

Access to Counsel in Evictions – Special Fund – Alteration

Appointment of Counsel: Doesn't Affect

Qualified: No

Report

January 13, 2021

Maryland AG Task Force recommends RTC for evictions

The Maryand Attorney General's Access to Justice Task Force released a report recommending a right to counsel for tenants facing eviction.

Appointment of Counsel: Doesn't Affect

Qualified: No

May 18, 2020

Report: Baltimore/MD would save $36 million w/tenant right to counsel

A report by a financial analysis company concludes Baltimore and Maryland would save a combined $36 million with a right to counsel for tenants.

Appointment of Counsel: Doesn't Affect

Qualified: No

The Public Justice Center, which commissioned the report, is the host organization for the NCCRC, and NCCRC staff contributed to the report.

Categorical

Involuntary Medical Treatment (incomplete)

Litigation

Key Development

December 17, 2021

MD high court: Right to counsel for patients facing forced medication

The Maryland Court of Appeals ruled that involuntarily committed patients objecting to medication have a right to counsel.

Appointment of Counsel: Yes

Qualified: No

The NCCRC consulted with merits counsel prior to the petition for review being granted.

Categorical

Other subject area

Legislation

Key Development

April 21, 2022

Right to counsel

A minor who files a petition to marry is entitled to counsel.

Appointment of Counsel: Yes

Qualified: No

Key Development

February 5, 2018

Legislation: body attachments

A proposed bill would guarantee counsel when a body attachment to detain a tenant for failing to pay a money judgment to a landlord.

Appointment of Counsel: Doesn't Affect

Qualified: No

NCCRC helped provide the language of the bill.

Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

In Child in Need of Assistance proceedings, indigent parents have a right to counsel.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

Children are entitled to appointed counsel who may or may not represent the child's wishes, depending whether they have “considered judgment."

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Adult Protective Proceedings - Protected Person

Legislation

No such proceeding

Protective services may only be provided if the adult consents, unless the department takes action through the Estates and Trust Code.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

All Basic Human Needs

Legislation

Key Development

Discretionary appointment - Children generally

A court has discretion to appoint counsel for a child in any juvenile proceeding.

Appointment of Counsel: Yes

Qualified: Yes

Court Rule or Initiative

Key Development

Right to counsel - Disabled litigants

Court rules require appointment of an attorney for an individual under disability who is sued and does not have a guardian.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

No such proceeding

Maryland has no parental input requirement: a minor can get an abortion if the doctor determines the minor is mature and capable of consenting.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Civil Commitment

Litigation

Key Development

December 17, 2021

MD high court: Right to counsel for patients facing forced medication

The Maryland Court of Appeals ruled that involuntarily committed patients objecting to medication have a right to counsel.

Appointment of Counsel: Yes

Qualified: No

The NCCRC consulted with merits counsel prior to the petition for review being granted.

Legislation

Key Development

Right to counsel

There is a statutory right to counsel in all civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Civil Contempt in Family Court

Legislation

Key Development

July 6, 2020

MD court: Threat of incarceration makes right to counsel attach

A Maryland appellate court held that statutory law entitles civil contempt defendants to counsel when they are threatened with incarceration.

Appointment of Counsel: Yes

Qualified: Yes

Court Rule or Initiative

Key Development

Right to counsel

There is a right to counsel for indigent defendants in civil contempt proceedings.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

September 25, 2013

MD high court reaffirms right to counsel in civil contempt cases

The Court of Appeals of Maryland has indirectly reaffirmed that people facing incarceration for civil contempt still have a right to counsel.

Appointment of Counsel: Yes

Qualified: No

Qualified

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

The court may appoint counsel for children in certain custody proceedings.

Appointment of Counsel: Discretionary

Qualified: Yes

Other

Custody Disputes - Parents

Legislation

Appellate court: No due process right to counsel

The appellate court found no due process right to counsel in custody matters, despite fundamental right to parent. A vigorous dissent disagreed.

Appointment of Counsel: Other

Qualified: No

Other

Divorce

Legislation

No due process right to counsel

Maryland's appellate court has found that there is generally no due process right to counsel in divorce matters.

Appointment of Counsel: Other

Qualified: No

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

The court must appoint counsel in various types of guardianship and conservatorship proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Guardianship/Conservatorship of Children - Child (incomplete)

Court Rule or Initiative

Key Development

Discretionary appointment

The court may appoint counsel for a minor subject to a guardianship or conservatorship petition.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

Key Development

Right to counsel for certain parents

In guardianship cases, the court shall appoint counsel for a parent who is incapable of participating due to a disability or for a minor parent.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Housing - Discrimination

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for either side in a housing discrimination case.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Housing - Evictions

Legislation

Key Development

January 10, 2025

All about the eviction RTC in Maryland

In May, Maryland became the second state to provide a statewide right to counsel for indigent tenants facing evictoin.

Appointment of Counsel: Yes

Qualified: No

The NCCRC helped shape the bill language and is part of the statewide coalition of advocates.

Key Development

December 12, 2024

All about Baltimore's tenant RTC

The City of Baltimore has enacted a bill to provide all low-income tenants facing eviction with counsel .

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC helped with the bill development process.

Qualified

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

Right to counsel

There is a statutory to counsel for indigent defendants in civil contempt proceedings.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Involuntary Medical Treatment (incomplete)

Legislation

No such proceeding

There does not appear to be a procedure through which to compel mental health treatment on an outpatient basis.

Appointment of Counsel: No Such Proceeding

Qualified: No

Litigation

December 17, 2021

MD high court: Right to counsel for patients facing forced medication

The Maryland Court of Appeals ruled that involuntarily committed patients objecting to medication have a right to counsel.

Appointment of Counsel: Yes

Qualified: No

The NCCRC consulted with merits counsel prior to the petition for review being granted.

Qualified

Other subject area

Court Rule or Initiative

Key Development

Discretionary appointment

The court may appoint counsel for a person whose identity or present whereabouts is unknown and who is entitled to share in the estate.

Appointment of Counsel: Discretionary

Qualified: Yes

Key Development

Discretionary appointment

A court rule permits appointment for certain individuals.

Appointment of Counsel: Discretionary

Qualified: Yes

Key Development

Right to counsel - Persons under disability with no one to defend

The court shall appoint an attorney for a person with disabilities, if they do not have a guardian or other fiduciary who can defend the action.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

April 21, 2022

Right to counsel

A minor who files a petition to marry is entitled to counsel.

Appointment of Counsel: Yes

Qualified: No

Key Development

Mandatory/discretionary appointment of counsel - emergency period

A court must appoint counsel in certain proceedings during emergency periods, and may in others.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Parentage - Petitioner or Child

Litigation

Key Development

Right to counsel

The Maryland Court of Appeals suggested a court may appoint counsel for a child in a paternity action in certain circumstances.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Quarantine/Isolation

Legislation

Key Development

Right to counsel

There is a right to counsel for people directed to isolate or quarantine by the Secretary of Health in a catastrophic health emergency.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Right to counsel

In adoption proceedings, there is a right to counsel for certain proceedings and a more limited right to counsel in others.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Termination of Parental Rights (Private) - Children

Legislation

Key Development

Right to counsel

Certain children have a right to counsel in certain types of adoption proceedings; otherwise, appointment is discretionary.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

Indigent parents have a right to counsel in a non-consensual action brought by the state to terminate parental rights.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

Children have a right to counsel in termination of parental rights proceedings brought by the state.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

Children have a right to counsel in truancy proceedings (which are treated as "child in need of supervision" matters).

Appointment of Counsel: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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