Legislation to guarantee that all prisoners have legal representation at their bail reviews -- a measure aimed at easing court and jail overcrowding -- was killed yesterday by a Senate committee.

The bill, which would have required the public defender's office to represent indigent defendants at such reviews rather than forcing them to navigate the system alone, was defeated on a 6-5 vote in the Judicial Proceedings Committee.

Advocates of the bill said they were dismayed by the outcome, saying they were particularly surprised by Sen. Clarence M. Mitchell IV, a Baltimore Democrat, who voted against the bail measure after telling backers he supported it.

"It was a worthwhile bill, a needed bill that would save money and give people equal treatment in the system," said Sen. Leo E. Green, the Prince George's Democrat who sponsored the Senate legislation. "I thought we had the votes. At the last minute, we were blindsided."

Judges, attorneys and other legal experts said the measure would help prevent those charged with minor crimes from spending long stretches in jail awaiting trial. Its greatest impact would likely have been in Baltimore, where a clogged docket has led to the release of some defendants whose constitutional right to a speedy trial had been violated.

Among those who supported the legislation were the state public defender's office, the Maryland Judicial Conference, the Maryland Criminal Defense Attorneys' Association, the Maryland State's Attorneys Association, the Maryland State Police and several bar associations.

But some legislators said the bill, which would have cost the state an estimated $2 million annually, would do little to help the judicial system.

One key lawmaker, Sen. Walter M. Baker, the chairman of the committee, said he voted against the bill in part out of loyalty to lawyers who make a living representing criminal defendants on minor crimes.

The bill, Baker said, would tend to dry up business for such private attorneys by funneling it to the state public defender's office.

"That's one for the small guys," said Baker, a Cecil County Democrat and retired attorney from Elkton. "There's always a group of lawyers who make a living by hanging out around lockups. This would put these poor guys out of business."

The measure also ran into opposition from the state association of bail bondsmen, which feared a loss of business if lawyers were able to help defendants gain release from jail with little or no bail set.

While supporters of the legislation had not counted on Baker's vote, they believed they had Mitchell in their camp until the committee roll was called.

Mitchell said he voted against the bill because he wanted to see if any progress would come out of a new arrangement in which a District Court judge conducts hearings at the Baltimore Central Booking and Intake Center -- a move designed to expedite weak cases and help clear the judicial system's clogged docket.

"At this point, I want to see exactly what happens with that," Mitchell said. He said he would reconsider the bail review issue next year, if the need persists.

Mitchell, whose family was in the bail bond business until two years ago, said his connections with the industry did not influence his vote.

Douglas L. Colbert, a University of Maryland law professor who has been a driving force behind the measure, said he had received what he thought was a firm commitment of support from Mitchell.

"For the people of Baltimore, this is a bill that would have helped the disenfranchised, particularly the people who need a lawyer to regain their liberty," said Colbert. "It's very hard for me to understand how a Baltimore City legislator could vote against the bill."

Joining Mitchell and Baker in voting against the bill were the committee's four Republican senators: Larry E. Haines and Timothy R. Ferguson of Carroll County, Alexander X. Mooney of Frederick County and Richard F. Colburn of the Eastern Shore.

Voting for the bill with Green were senators Ralph M. Hughes of Baltimore, Jennie M. Forehand of Montgomery County, Philip C. Jimeno of Anne Arundel County and Norman R. Stone Jr. of Baltimore County, all Democrats.

Pub Date: 3/24/99