3 86/Maryland Manual

judge of the Circuit Court or the District Court in
the district. The other four must be active attor-
neys-at-law and are appointed by the Governor for
three-year terms. The Governor annually desig-
nates the chairperson of each board.

Public Defender provides legal representation for
indigent defendants in criminal or juvenile pro-
ceedings requiring the presence of counsel before a
commissioner or judge, post-conviction proceed-
ings, and any other proceeding where incarceration
may result pursuant to a judicial commitment of
individuals to public or private institutions.

Three divisions within the headquarters office
serve specific needs. The Mental Health Division
furnishes counsel to all persons involuntarily com-
mitted to facilities under the jurisdiction of or
licensed by the State Department of Health and
Mental Hygiene. The Appellate Division processes
all appeals to the Appellate Courts. The Inmate
Services Division offers legal assistance to all
indigent inmates who have legal problems concern-
ing their incarceration. The law applies only to
representation in or respect to the courts of
Maryland. Public Defender must submit a report
annually to the Board of Trustees, the Governor,
and General Assembly (Code 1957, Art. 27A).

PUBLIC SERVICE COMMISSION

Chairperson: Frank 0. Heintz, 1988

Wayne B. Hamilton, 1985; William A. Badger,
1986; Haskell N. Arnold, 1987; Lilo K. Schifter,
1989.

Kirk J. Emge, General Counsel
Ronald E. Hawkins, Executive Secretary
Kenneth G. Hurwitz, Executive Director

American Building
231 E. Baltimore St.
Baltimore 21202 Telephone: 659-6000

The Public Service Commission was established
by Chapter 180, Acts of 1910. It has jurisdiction
over common carriers engaged in the public trans-
portation of passengers or freight within the State
of Maryland, except those carriers of passengers
that come within the jurisdiction of the Washing-
ton Metropolitan Area Transit Commission
(Chapter 613, Acts of 1959). The Public Service
Commission also has jurisdiction over all taxicabs
operating in Baltimore City, Baltimore County,
Cumberland, and Hagerstown. The Commission
licenses taxicab drivers in Baltimore City. The
Commission has also assumed the rate-setting

function formerly exercised by the Board of Exam-
iners of Maryland Pilots (Chapter 726, Acts of
1984).

The Commission exercises jurisdiction over all
gas, electric, telephone, telegraph, water, sewage
disposal, and steam heating companies operating
within the State. It has the power to fix both
minimum and maximum rates and to suspend
schedules pending the determination of the reason-
ableness of the proposed rates. Public utilities may
not abandon or discontinue the exercise of any
franchise without permission of the Commission.
The Commission maintains a laboratory in which
it makes daily tests of gas furnished in Baltimore
City. It also makes regular and frequent tests of the
gas and electricity furnished in other parts of the
State. It hears matters relative to 1) rate adjust-
ments; 2) applications to exercise franchise; 3)
approval of issuance of securities; 4) promulgation
of new rules and regulations; 5) quality of utility
and common carrier service; and 6) railroad safety.
The Commission has the authority to issue a
Certificate of Public Convenience and Necessity in
connection with an electric utility's application to
construct a new generating station or transmission
lines of a certain capacity (Code 1957, Art. 78,
secs. 1 to 107).

A Consumer Assistance Section was established
in 1978 to respond to formal and informal com-
plaints by consumers (Chapter 756, Acts of 1976).

The Commission is authorized to make joint
investigations, hold joint hearings, and issue joint
or other concurrent orders in conjunction with any
official board or commission of any state or the
federal government under agreements and com-
pacts between states, under the concurrent powers
of states to regulate interstate commerce as an
agency of the federal government, or otherwise
(Code 1957, Art. 78, sec. 59). The Public Service
Commission is also represented on joint boards
created by the Interstate Commerce Commission
under the federal Motor Carriers Act to hear and
pass upon applications and proceedings pertaining
to interstate motor carrier operation conducted in
or through not more than three states.

The Public Service Commission is supported by
an assessment on each utility and common carrier
under its jurisdiction of a proportionate share of
the Commission's direct and indirect expenses.

The Commission consists of five Commissioners
appointed by the Governor with the advice and
consent of the Senate, one of whom is designated as
chairperson. Members serve five-year terms (Chap-
ter 729, Acts of 1980). The General Counsel of the