Mandatory/discretionary appointment of counsel – emergency period

In a proceeding regarding civil relief during emergency periods, if a party who is a person in emergency management service or person suffering injury or damage fails to appear or is not represented by an attorney, the court may appoint an attorney to represent that party. Md. Code Pub. Safety § 14-208(b)(1)(i). If the party is a defendant, on motion, the court must appoint an attorney. § 14-208(a)(3).

MD Code, Public Safety, § 14-202 discusses the legislative intent behind the civil relief provisions:

(a) The purposes of this subtitle are:

(1) to provide for, strengthen, and expedite national defense when emergency conditions threaten the peace and security of the United States and the State; and

(2) to enable the State to fulfill more successfully the requirements of national defense.

(b) To achieve these purposes, this subtitle temporarily suspends:

(1) enforcement of civil liabilities against persons in emergency management service to enable them to devote their entire energy to the emergency management needs of the State and the United States;

(2) enforcement of civil liabilities against persons suffering injury or damage to enable them to devote their entire energy to the cure or improvement of the injuries or damage suffered; and

(3) legal proceedings and transactions that may prejudice the civil rights of persons in emergency management service or persons suffering injury or damage during the emergency period to which this subtitle is applicable.