Maryland Attorney General Reports Court Cases

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  1. The Honorable Marna McLendon (1996)

    You have requested our opinion on the processing of certain requests made to your office under the Maryland Public Information Act ("PIA"). You have explained that your office receives numerous PIA requests each year, mostly from convicted defendants seeking disclosure of the prosecutorial files maintained in their cases. Because the requester generally presents an all-encompassing request and the prosecutorial files can be voluminous, the processing of these requests often entails a [...]

    Court: Maryland Attorney General Reports
  2. The Honorable Charles R. Boutin (2000)

    You have requested our opinion on the legality of three conditions that the Harford County Executive has proposed to include in the County budget for the Board of Education of Harford County ("the Board"). These conditions tie various sums of money to: 1) the creation of auditor positions to conduct certain performance audits, 2) the study of alternative methods of fleet maintenance and the submission of a report to the County, and 3) agreement by the Board to a health care benefits package [...]

    Court: Maryland Attorney General Reports
  3. The Honorable Stuart O. Simms (1999)

    1. As a general rule, an inmate subject to multiple sentences serves a single term of confinement that begins on the first day of the sentence that begins earliest and ends on the last day of the sentence that ends last. However, in certain circumstances, sentences must be considered separately for purposes of computing good-conduct credits.


    Court: Maryland Attorney General Reports
  4. Judith S. Bresler, Esquire Michael S. Molinaro, Esquire (2002)

    On behalf of your client, the Board of Education of Montgomery County (the "Board"), you have asked for our opinion whether real property owned by the Board and located within the boundaries of the City of Rockville is subject to the planning, zoning, and historic preservation authority of the City.


    Court: Maryland Attorney General Reports
  5. E. Keith Colston, Administrator, Maryland Commission on Indian Affairs. (2011)

    On behalf of the Maryland Commission on Indian Affairs ("Commission"), you asked for our opinion about reconsideration of a petition for recognition of a group's "Maryland Indian status" under State law. The petition was originally filed in 1995, received a favorable recommendation from the Commission, but was ultimately denied by the Governor in 2003. The denial expressly left open the possibility that the group could resubmit its petition with additional information. You ask whether that [...]

    Court: Maryland Attorney General Reports
  6. The Honorable Carroll A. Jones Mayor, City of Brunswick. (2007)

    On behalf of the City of Brunswick ("City"), you requested our opinion about the permissible use of revenues from fees charged for connection to the municipal water and sewerage systems. Specifically, you asked whether these revenues may be devoted only to capital infrastructure costs or whether they may also be used for operating costs of the City's water and sewerage treatment facilities.


    Court: Maryland Attorney General Reports
  7. Mr. Rick H. Hemphill (1997)

    You have requested our opinion whether the Maryland Constitution prevents you from serving as both a deputy clerk of the Circuit Court for Washington County and as a member of the General Assembly.1


    Court: Maryland Attorney General Reports
  8. Brian Hepburn, M.D. Executive Director Mental Hygiene Administration Spring Grove Hospital Center. (2006)

    You have requested our opinion whether a facility that provides treatment for individuals with mental disorders may accept an individual for voluntary admission at the request of a health care agent for the individual. In your letter, you point out that the law on voluntary admissions, § 10-609 of the Health-General Article,1 provides in part that a facility may not accept an individual's voluntary admission unless the individual understands the nature of the request for admission, is [...]

    Court: Maryland Attorney General Reports
  9. Rex W. Cowdry, M.D., Maryland Health Care Commission. (2009)

    The Maryland Health Care Commission ("Commission" or "MHCC") is funded by fees assessed against various health care entities and practitioners. On behalf of the Commission and at the behest of the Legislative Auditor, you have asked for our opinion concerning the allocation of those fees for Fiscal Year 2002. During its 2001 session, the General Assembly delegated to the Commission the authority to revise the allocation of those fees in its regulations according to certain criteria. You ask [...]

    Court: Maryland Attorney General Reports
  10. The Honorable John Olszewski, Sr. Chairman, Baltimore County Council. (2006)

    On behalf of the Baltimore County Council, you have asked our interpretation of a part of the State law that governs an individual's transfer between public retirement systems in Maryland. Your question relates to a member who transfers service credit from anoncontributory retirement system to a contributory retirement system. Under Annotated Code of Maryland, State Personnel and Pensions Article ("SPP"), § 37-203(f)(2), the contributory retirement system to which the member is [...]

    Court: Maryland Attorney General Reports
  11. Mr. H. Robert Hergenroeder (1998)

    You have requested our opinion concerning restrictions on membership in State-chartered credit unions, in light of a recent Supreme Court decision, National Credit Union Admin. v. FirstNat'l Bank Trust Co., 118 S. Ct. 927 (1998), that restricts membership in federally chartered credit unions. Specifically, you ask whether membership in State-chartered credit unions is limited by Maryland law to those individuals having a single common bond with all other members of the credit union. In [...]

    Court: Maryland Attorney General Reports
  12. The Honorable Thomas v. Mike Miller, Jr. (2000)

    You have asked for our opinion concerning one of the constitutional requirements that governs the drawing of legislative districts in Maryland. Specifically, you have asked whether a district that is intersected by navigable water satisfies the requirement of contiguity — i.e., that the district consist of adjoining territory — when no bridge, tunnel, or ferry connects the land on either side of the water.


    Court: Maryland Attorney General Reports
  13. The Honorable Steven T. Sager (1997)

    You have requested our opinion on the constitutionality of a church's use of portions of a publicly owned facility, an armory leased by the City of Hagerstown from the State. The City, in turn, subleases space to the church for two uses: Sunday worship, in an area that is used on other days by various secular organizations; and office space for the minister of the church, occupied on a full-time basis for what you describe as a "nominal rent."


    Court: Maryland Attorney General Reports
  14. The Honorable Stuart O. Simms Secretary of Public Safety and Correctional Services (2001)

    You have requested our opinion whether the Division of Correction of the Department of Public Safety and Correctional Services may disclose to the general public the projected date of an inmate's release on mandatory supervision.


    Court: Maryland Attorney General Reports
  15. Peter Basch, M.D. (2007)

    In your capacity as Chair of the Task Force to Study Electronic Health Records, you have requested our opinion on various questions related to the impact of the Maryland Medical Records Confidentiality Act, Title 4, Subtitle 3 of the Health-General Article ("HG"), Annotated Code of Maryland, on the design and operation of a statewide health information exchange ("HIE") mechanism. An HIE, in brief, enables the electronic transmission of clinical and payment information about a patient among [...]

    Court: Maryland Attorney General Reports
  16. The Honorable K. Bennett Bozman (1998)

    You have asked for our opinion about the legality of a proposed sweepstakes, based on a race to be held at Bally's at Ocean Downs ("Ocean Downs"), a harness race track in Worcester County. Half of the proceeds would benefit Atlantic General Hospital. Our opinion is that the sweepstakes would be unlawful.


    Court: Maryland Attorney General Reports
  17. David Blumberg, Chairman Maryland Parole Commission (2005)

    You have asked for our opinion concerning the Parole Commission's ("Commission") authority to determine whether an offender who is released on parole or mandatory supervision has violated the condition of release, known as Rule 4, that requires the offender to obey all laws. You have posed several questions:


    Court: Maryland Attorney General Reports
  18. Mr. Jared Demarinis, Director, Candidacy and Campaign Finance Division, State Board of Elections. (2005)

    You have requested that this Office clarify whether a candidate may serve as a chairman of a campaign finance entity other than the candidate's own political committee. You advise that, consistent with legal advice construing prior versions of the State election law, the State Board of Elections (SBE) has permitted a candidate to serve in that capacity when the position does not exercise authority or general responsibility over the conduct of the campaign. You state that the Office of State [...]

    Court: Maryland Attorney General Reports
  19. Steven B. Larsen, Esquire (1998)

    You have requested our opinion concerning the application of Chapter 163 of the Laws of Maryland 1997 to claims submitted to a health benefits carrier prior to the law's effective date. The Insurance Administration, relying on an advice letter from this office, has taken the position that Chapter 163 applies to all retroactive denials of claims that occur on or after October 1, 1997, the effective date of Chapter 163. At least one carrier, however, has suggested that this interpretation is [...]

    Court: Maryland Attorney General Reports
  20. The Honorable John R. Leopold County Executive, Anne Arundel County. (2007)

    Your predecessor requested our opinion concerning disclosure of "mug shots" in the possession of the Anne Arundel County Police Department — i.e., booking photographs of individuals who have been arrested by the police department. In particular, must the police department disclose a mug shot in response to a request under the Public Information Act? Or do the laws governing "criminal history record information" preclude the police department from disclosing the photograph?


    Court: Maryland Attorney General Reports

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