In Douglas v. California, the Supreme Court held that those who are indigent have a right to public counsel for their first appeal as a matter of right. Justice Douglas opined the decision was necessary to stem "discrimination against the indigent. For there can be no equal justice where the kind of appeal a man enjoys 'depends on the amount of money he has.'" 372 U.S. 353, 355 (1963) (quoting Griffin v. Illinois, 351 U.S. 12, 19 (1956)).
But today, Maryland's legislature seems interested in stripping its poor citizens of their constitutional right to counsel. With only days remaining in the current legislative session, Maryland's legislature submitted bills to take away poor people's constitutional due process right to counsel at first appearance (SB 942 and HB 496). They would submit a referendum and let voters decide whether they approve or reject funding needed to exercise the constitutional guarantee.
The Baltimore Sun issued this condemnation of Maryland's last minute effort to rob the poor of their right to counsel here.
U of Maryland law professor Doug Colbert noted that these Maryland "legislators are targeting indigent defendants, who are disproportionately African- and Latino-American, and allowing voters to reject or approve their right to counsel." Professor Colbert asks the readers of the Legislation Law Prof Blog to contact him if you are aware of "any other example where a State legislative body sought to undo a state's constitutional ruling and deny a specific group's exercise of a constitutional right?" dcolbert @ law.umaryland.edu
In the meantime, we fervently hope that Maryland's legislature comes to its senses and protects the right to counsel regardless of one's ability to pay for it.