Maryland Public Defender's Office calls for an end to the automatic charging of minors as adults
ANNAPOLIS -- The Maryland Office of the Public Defender (OPD) is demanding lawmakers to put an end to automatically charging minors as adults.
As the Maryland General Assembly's 2025 legislative session gets underway, the OPD is highlight key issues they believe are impacting equity and fairness in the legal system.
The ODP is also pushing lawmakers to promote safer traffic stops, fund indigent defense and expand medical and geriatric parole.
Juvenile Justice Reform
According to the OPD, Maryland ranked second behind Alabama in the number of juveniles between 14 to 17 who are sent to adult court.
OPD Regional Director of Youth Defense, Robin Salter said the automatic charging process disproportionately impacts Black and brown children. Black children make up 31% of the state's population, but 81% of the minors charged as adults, according to data from OPD.
At a press conference Thursday, Salter said juveniles who start in the adult corrections system can be unnecessarily traumatized, especially if they are found not guilty. There is currently proposed legislation before the House of Delegates seeking to eliminate the automatic charging of minors as adults and instead put that decision before a judge.
"We are asking that this process for children charged with any offense in the state of Maryland start in the juvenile court. There are already processes codified to deal with children who are adjudicated delinquent or may have other consequences," Salter said.
Data also showed that 871 teens were automatically charged as adults in 2022, facing average wait times of 103 days longer for trials than those in the juvenile justice system.
In Maryland, minors can be charged as adults if they are 14 or older and commit certain violent crimes, like rape or first-degree murder.
The attorney general's office issued the following statement about this proposed legislation:
"Consistent with the position that the Attorney General took in 2023, as well as the recommendation of the Maryland Equitable Justice Collaborative (MEJC), the Attorney General supports the limiting of automatic charges for juveniles as adults in adult criminal court which is consistent with the MEJC recommendation."
In November 2024, Baltimore City State's Attorney Ivan Bates said there has been an alarming spike in juvenile crime. This has, in turn, driven an increase in juvenile arrests.
According to Bates, there were 146% more juvenile crime arrests in 2024 compared to the previous year.
"To think, if prison is used as a punishment system for adults, then placing children - who are still developing mentally, physically, and emotionally - in the adult system is purely torturous," Salter said in a statement.
Maryland lawmakers cracked down on juvenile crime in 2024. In November, the Juvenile Justice Reform Act took effect, making it possible for children between the ages of 10 and 12 to be charged with certain offenses like illegal gun possession and auto theft.
The legislation also called for the formation of the Commission on Juvenile Justice Reform and Emerging Best Practices, a group meant to hold the Department of Juvenile Services accountable for how it handles minors who break the law.
Judicial Proceedings Committee hearing
On Wednesday, Secretary of the Department of Juvenile Services (DJS) Vincent Schiraldi testified before the Senate Judicial Proceedings Committee. The testimony and questions were focused on an Office of Program Evaluation and Government Accountability report about DJS.
Senators questioned Schiraldi about the report and specifically, how DJS services help with rehabilitation of juveniles. Services are provided to juveniles directly in DJS care and to youth who are recommended to private contractors.
Some senators questioned why the progress of these juveniles through these programs was not being tracked. Sen. Chris West, a Baltimore and Carroll County Republican, questioned this, saying DJS simply checks the boxes that a youthful offender was placed in a program, but that there was no follow through.
Sen. West also asked how a 17-year-old accused of murdering a Baltimore City man earlier this year in Columbia fell through the cracks. This teen was being monitored by DJS for other unrelated attempted murder charges.
"At the very least, the guy, the youth, had the ability to go out in Howard County and murder somebody?" West said.
"If you're on a global positioning device monitor, right? Again, I'm not talking about this kid's case. That means the judge wants to know where you are, not that you cannot be out," Schiraldi said.
Sec. Schiraldi was also asked why Howard High School didn't know about his criminal history. He says only the state's attorney can disclose if a student has been found delinquent, or guilty, of a crime. Only local police can inform a school if a student has been charged with a crime.
"I think people sometimes confuse that, because the kid, a kid could be on or could be on probation, it could have our electronic monitors like, why don't you tell the school, because that's not the way it works," Schiraldi said.
OPD's Other legislative priorities
OPD leaders said their legislative priorities offer cost-saving measures to increase public safety and implement compassionate policies.
"These legislative priorities are informed by OPD's legal expertise and experience in representing Marylanders, the concerns and needs articulated by our clients, feedback from community stakeholders as well as research and data that have proven effective in Maryland and nationwide," said Maryland Public Defender Natasha Dartigue.
Among their priorities, the OPD is asking for state leaders to promote safer traffic stops by adding nine non-safety-related traffic violations to the list of infractions that cannot be used as a primary reason for a stop. Maryland currently has five non-safety violations on the list.
According to the OPD, non-safety-related traffic stops contribute to racial disparities in traffic enforcement. The group shared data showing that Black drivers are stopped 20% more often than white drivers for non-safety stops.
Maryland leaders share legislative priorities
Other Maryland leaders have also shared their legislative priorities as the General Assembly began its 2025 session.
Gov. Wes Moore said he intends to focus on the budget and bolstering the economy as the state faces an almost $3 billion deficit.
Maryland Attorney General Anthony Brown said he will focus on protecting workers, vulnerable adults and the rights of people in private detention centers.
Baltimore Mayor Brandon Scott shared his priorities, which includes setting aside funds from the city's sales tax to address vacant housing and increase civil penalties for illegal dumping.