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As U.S. Rep. Anthony Brown (D) prepares to take over as Maryland鈥檚 attorney general more than a month from now, he鈥檚 hearing suggestions from people on how they hope he manages the office.
Criminal justice advocates, attorneys and residents want Brown, who will become the state鈥檚 first Black AG, to continue the policies or improve the operations of the office currently held by Attorney General Brian Frosh (D), speak out when necessary and support proposed policies when the General Assembly convenes in January.
Several people interviewed said they want the attorney general鈥檚 office to become more visible in police-involved shootings.
The legislature passed sweeping police reform bills last year that included the creation of a unit within the attorney general鈥檚 office to investigate police-involved incidents that lead to the death of a resident, or injuries that could result in a person dying. Formally called the聽, it works alongside state police to investigate situations that could involve vehicle pursuits, the treatment of people in police custody, use-of-force occurrences and shootings.
Investigators complete a report and send it to a local state鈥檚 attorney鈥檚 office, which makes the decision whether a case should be prosecuted.
鈥淥ur police reform laws aren鈥檛 as strong as they should be,鈥� said Joanna Silver, co-chair of the Silver Spring Justice Coalition鈥檚 policy committee. 鈥淲e want [the laws] to be interpreted in a way that protects members of the community as much as possible. We think [attorney general representatives] can advocate to the General Assembly for that office to have broader powers as well to be able to make recommendations to prosecutions.鈥�
Silver said the state attorney general鈥檚 office should intervene in a Montgomery County case that involves a measure state lawmakers passed last year that allows public access of an officer鈥檚 disciplinary records. The legislation is named after Anton Black, 19, who died after being held in police custody on the Eastern Shore in 2018.
When the county was ready to provide those records to a resident this summer,聽聽filed a complaint in court the next day, citing an officer鈥檚 privacy over the public鈥檚 right to know.
A similar case is taking place in Baltimore County, where police policy was changed to allow the police union to be notified within two businesses day when a request is made through the Maryland Public Information Act to obtain an officer鈥檚 disciplinary records, according to聽.
Silver said Brown鈥檚 office should intervene in the Montgomery County case 鈥渢o ensure that the suit does not invalidate any aspects of Anton鈥檚 Law.鈥�
Heather Warnken also said the state鈥檚 criminal justice laws could be stronger.
Warnken, executive director at the Center for Criminal Justice Reform at the University of Baltimore School of Law, said Brown can use a 鈥渂ig bullhorn鈥� to inform the public on how the office could change how prosecutorial powers are utilized.
鈥淭he A.G. can pursue more of a carceral approach to public safety, or really be courageous about throwing support behind the completely different strategy to public safety that decriminalizes and builds up community-based resourses that we know must be built up if we are going to effectively address and reduce violence,鈥� she said.
Warnken did praise Brown鈥檚聽聽as diverse in terms of race and expertise, pointing to Michael Pinard, co-director of the clinical law program at the University of Maryland in College Park. Pinard will serve as a co-chair on the public safety policy team.
Warnken said Pinard participated with her on a recent panel discussion at the University of Baltimore鈥檚 law school.
鈥淚 was not surprised to see someone like Michael Pinard put on that team,鈥� she said. 鈥淚 was definitely pleased to see some really thoughtful voices on that list that鈥檒l be having [Brown鈥檚] ear in helping to shape and guide where his administration is headed.鈥�
Ombudsman in the office
One piece of legislation Brown鈥檚 office will be asked to review deals with creating an ombudsman position to oversee the Department of Public Safety and Correctional Services (DPSCS).
Some of the proposed duties for an ombudsman when responding to a complaint include:
- Review and assess DPSCS policies, mental health services and educational programs.
- Inspect any facility to monitor its condition.
- Resolve conflicts through mediation or other methods.
- Investigate inmate grievances.
鈥淚f the ombudsman determines that an employee or agent of an agency acted in a manner warranting criminal charges or disciplinary proceedings, the ombudsman shall refer the matter to appropriate authorities,鈥� according to the legislation presented in this year鈥檚 legislative session.
Sen. Shelly Hettleman (D-Baltimore County) will sponsor the聽聽again when the 90-day legislative session begins in January. Although the legislation hasn鈥檛 passed the last two times when introduced, Hettleman said she鈥檚 鈥渃autiously optimistic.鈥�
One reason, she said, comes from new executive leadership in Brown and Gov.-elect Wes Moore (D), who share similar philosophies.
Frosh, a Democrat, and current Gov. Larry Hogan (R), didn鈥檛 鈥渟ee eye to eye,鈥� Hettleman said.
鈥淚 think that Anthony Brown is coming in at an important time with fresh eyes and fresh ideas on how he wants this big firm [the attorney general鈥檚 office] to operate,鈥� she said. 鈥淲e have a new administration and a new day to educate my colleagues about the issues.鈥�
The senator has some support from the Maryland Alliance for Justice Reform, a volunteer organization that pushes for policy changes in jails and prison.
It will host a聽聽to offer insight on why an ombudsman is needed in Maryland. The guest speaker will be Joanna Carns, former director of the Washington State Office of the Corrections Ombuds.
Olinda Moyd, who co-chairs the Maryland Alliance for Justice Reform鈥檚 Behind the Walls workgroup, said individuals recently released from prison will talk about their experiences and challenges they faced while locked up.
鈥淲e hear from many that the inmate grievance process does not work. The process is a nonfunctioning entity,鈥� said Moyd, a retired attorney who worked in the Washington, D.C., public defender鈥檚 office for 30 years and now teaches at American University Washington College of Law. 鈥淭he Department of Corrections does not notify the public or [inmate] population to what鈥檚 going on. This position is sorely needed.鈥�
Maryland Public Defender Natasha Dartigue said in an email last week that the office hopes Brown seeks 鈥渢o redress the injustices that fuel racial disparities and perpetuate mass incarceration throughout the state. OPD (Office of Public Defender) encourages the development and support of community-based solutions that combat poverty, create economic聽opportunity and ensure the protection of fundamental rights of all persons throughout Maryland.鈥�
