A plan for the state to begin assuming the costs of circuit courts -- which Baltimore Mayor Kurt L. Schmoke considers vital to helping the city's troubled system -- is headed for defeat in the General Assembly.
A House subcommittee stripped the legislation yesterday of all but one minor provision boosting jury pay, and even such a limited bill might not pass the Senate. The initiative's failure occurs days after the defeat of a bill that would have required defense attorneys to be present at bail reviews, a measure that supporters hoped would help unclog the city's courts.
Schmoke has pushed for the state to take over court costs to aid the city's system, which has suffered from widespread trial delays, some of which have led to the dismissal of charges against defendants.
Gov. Parris N. Glendening agreed to fight for the idea when he won Schmoke's belated endorsement in November's election. But in the face of opposition from Maryland's highest-ranking judge, Glendening never put up a real fight for the bill in the Assembly, ultimately agreeing to yesterday's subcommittee action.
"They might as well not do anything this year," said Clinton R. Coleman, a spokesman for Schmoke, who was not available for comment. "I guess the court crisis isn't as much of a crisis after all."
Schmoke argues that without state help, Baltimore doesn't have the money to make desperately needed improvements in its courts. He says that as the city's tax base has shrunk over the past two decades, the courts' caseload has grown.
Many judges fear, however, that state funding would lead to consolidation of the state's 24 circuit courts into one system, threatening local autonomy. Chief Judge Robert M. Bell told a House committee last month that the state should not take any steps toward consolidation without a comprehensive study.
The Glendening bill would have required the state to take over from local jurisdictions the costs of salaries and benefits for jury commissioners, assignment commissioners and Circuit Court masters in the budget the governor will propose next January.
Jury and assignment commissioners hired after July 2000 would become state employees. Bell worried this would lead to a two-tier pay system in which nonstate employees hired before then would be paid more in some counties.
A subcommittee of the House Appropriations Committee removed those provisions yesterday and called for a study, leaving in the only provision Bell found acceptable: increasing the state's contribution toward the daily payment to jurors from $5 to $15.
In explaining his opposition, Bell said the judiciary did not want to hinder attempts to clear Baltimore's clogged courts, but said he did not believe the Assembly bill would help.
Bell's objections crippled chances for the bill's passage this year, and Glendening never lobbied to revive hope for the initiative, legislators say.
Glendening has worked hard to pass a cigarette tax, gay-rights legislation, teacher scholarships and a collective-bargaining bill -- all initiatives that reward loyal, core constituencies of his.
Schmoke has feuded with Glendening and backed his opponent, Eileen M. Rehrmann, in last year's Democratic primary. He then tepidly endorsed the governor in November, after Glendening promised the Circuit Court takeover.
Glendening spokesman Ray Feldmann said yesterday the governor has worked on his entire legislative package, but that the courts bill was mired in committee.
"The governor knows how to work with the legislature in a strategic way in terms of fighting for his bills when it's the appropriate time to do so," Feldmann said. "If this is the best we can get this session, we'll take it, and we'll continue to work with the legislature this summer and come back next year."
Pub Date: 3/26/99