Right to counsel

Generally

In a proceeding for constructive civil contempt where incarceration is sought, the court shall provide written notice to the alleged contemnor of his or her right to counsel, including the benefits of representation. MD. R. 15-206(c)(2)(C).

While the rule specifies that the defendant must be notified that “the Public Defender may provide a lawyer for you” (emphasis added), MD. Code Crim. Proc. § 16-204 (b)(1)(iv) (which concededly is in the criminal code) does say that an indigent defendant shall be provided representation by the Public Defender in “any [] proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result.”

Waiver

A number of cases have opined about when an indigent, alleged contemnor has knowingly and voluntarily waived the right to counsel. In Blackston v. Blackston, the trial court improperly assumed the contemnor waived his right to counsel where the court failed to follow the procedure for establishing the waiver that MD. RULE 15-206(e) provides. 802 A.2d 1124 (Md. 2002). The court must afford the defendant an opportunity to explain why he or she is appearing without counsel. Id. at 1129. The Maryland Court of Special appeals has reinforced as recently as 2011 that “to find appellant in contempt and impose a sentence of incarceration” without first establishing that he has knowingly and voluntarily waived the right to counsel would “stand the purpose of Rule 15-206(e) on its head.” Bradford v. State, 21 A.3d 123, 139 (2011).