Facing deadline, Maryland lawmakers advance changes to court commissioner system

Maryland lawmakers are making changes to a system that allows anyone to file for criminal charges without input from police or prosecutors, one of scores of bills that advanced during a marathon day of lawmaking Monday.

District court commissioners are appointed judicial officers who have the power to approve charges and then issue a summons to appear in court or an arrest warrant. They are not required to have a law degree.

The system was designed to expand access to justice, and advocates maintain that it provides a critical option to some survivors of domestic violence and sexual assault. But an investigation by The Banner also found the process can be easily abused and upend people’s lives.

Under legislation that was passed by the House of Delegates, district court commissioners would no longer be able to issue arrest warrants other than to police or a state’s attorney.

District court commissioners could still issue a summons, and they would have to refer cases in which they believe someone poses a danger to another person or the community to the state’s attorney.

Prosecutors would then have 72 hours to review the case and decide whether to ask a judge to issue an arrest warrant.

Lawmakers said they believe they’ve struck a balance between providing access to justice while also addressing the problem of people being arrested on flimsy or bogus accounts. The bill is sponsored by Del. Jackie Addison, a Baltimore Democrat.

The final House vote of 122-13 was followed by brief applause in the chamber.

Del. Kym Taylor said the bill represents “progress” but suggested it might be incomplete.

“I’m just not sure we are addressing what we intended to address, based on the hearing and the people who continue to come to say they are victimized by someone who is charging them with false claims,” Taylor, a Prince George’s County Democrat, said as the House Judiciary Committee voted for the bill.

Others were more confident in the end product.

“This bill has become the closest thing we can do for a compromise on both interests,” said Del. Sandy Bartlett, an Anne Arundel County Democrat and chair of the House Judiciary Committee that considered the bill.

Baltimore State’s Attorney Ivan Bates, who serves as president of the Maryland State’s Attorneys’ Association and testified in favor of the legislation, said in a statement that the vote “marks an important step forward in strengthening the integrity of our judicial system.”

Bates, a Democrat, said the “critical” legislation “reflects both common sense and a deep commitment to public safety.”

Some expressed concerns that the changes could hinder the ability of domestic violence survivors to get help.

Del. Lauren Arikan, a Harford County Republican, voted against the bill both in the Judiciary Committee and in the full House. She said domestic violence survivors might not get proper attention from police and need to have the ability to get an arrest warrant issued from a district court commissioner.

Without that option, “this bill will absolutely protect some domestic abusers,” Arikan said before casting her “very crimson” vote — a reference to the red light signaling “no” on the vote board.

Laure Ruth, public policy director for the Maryland Network Against Domestic Violence, said the current version of the bill is better than when it was first introduced.

“I still maintain some concerns that somebody is going to get hurt because they can’t get an arrest warrant from a commissioner anymore,” Ruth said. “I guess, in a sense, we’ll see. And I hope it won’t be at the expense of somebody’s life.”

The bill also assigns reporting requirements to the judiciary, with the goal of generating more information about the legal process and how it is utilized. Some lawmakers expressed an interest in revisiting the issue in future years.

The legislation also needs state Senate approval before being sent to Gov. Wes Moore, a Democrat, for his consideration — a challenging task with just three weeks left in the General Assembly session.

The bill was among hundreds of measures that cleared an important legislative deadline on Monday. The day is known as “crossover,” because bills are required to be approved by one chamber and cross over to the other to guarantee consideration.

Bills that don’t make the crossover deadline can, in theory, still be passed by the end of the 90-day session, but they face additional procedural hurdles.

Delegates and senators were in and out of voting sessions all day, considering topics as varied as regulating liquor licenses, what kind of bullets can be used when hunting deer and appropriate uses of sewage sludge.

The House gave its final stamp of approval to naming the prehistoric megalodon as the state shark, though the Senate has yet to act.

Many of the votes were unanimous or nearly so, such as the 135-0 shark vote in the House. Same for stiffer penalties for mail theft and requiring training for child care providers to spot signs of abuse.

The Senate, meanwhile, had unanimous votes on bills, including expanding tax breaks for educators to buy school supplies.

Not all bills were smooth sailing. In the House, the small but persistent Freedom Caucus regularly rose to ask questions and speak out against bills — slowing, but never stopping, their march through the process.

Others failed to make the deadline, including a bill to allow grocery stores to sell wine and beer and another that would have banned any ICE agent sworn in since Republican President Donald Trump’s inauguration from working at a state law enforcement agency, such as the Maryland State Police.

Banner reporters Lee O. Sanderlin, Madeleine O’Neill and Brenda Wintrode contributed to this article.