1973]                   OF THE HOUSE OF DELEGATES                       29

Annapolis, Maryland, June 1, 1973.

Honorable Thomas Hunter Lowe
Speaker of the House of Delegates
State House
Annapolis, Maryland

Dear Mr. Speaker :

In accordance with Article II, Section 17, of the Maryland Constitution,
I have today vetoed House Bill 1533.

This bill amends Section 6(b) of Article 27A of the Annotated Code of
Maryland, title "Public Defender", to require the district public defender to
make maximum use of panel attorneys, "subject only to the availability of
attorneys on the panel".

The Office of the Public Defender and the Board of Trustees of the Public
Defender System have requested that I veto House Bill 1533 because,
inter alia, it would unnecessarily entail a cost to the State of a minimum
of $2,000,000 over the sum approved by the legislature for panel attorneys
for fiscal year 1974.

The present language of Section 6(b) provides that "[[t]]he maximum
use of panel attorneys shall be made insofar as practicable". Since the in-
ception of the Public Defender System in January of 1972, this language
has been construed to mean the assignment to panel attorneys of such
cases as are necessary to meet the requirements of the courts in the prompt
and competent handling of pending case loads, within budgetary limita-
tions. Panel attorneys in a majority of the public defender districts have
accepted this assignment policy and have cooperated fully with the pro-
fessional staff of the Public Defender System. The result has been a work-
able, cooperative system furnishing equal justice under the law to accused
indigents, a system which has gained widespread acceptance by the bench,
the bar and the general public.

I have been advised that the particular impetus behind House Bill 1533
is the sincere belief of several members of the Montgomery County Bar
Association that the local bar, generally, and its members, in particular,
ought commit themselves personally to greater involvement in matters
related to indigents unable otherwise to retain the services of private
counsel. Since the adjournment of the General Assembly, the State Public
Defender met with both the sponsor of House Bill 1533 and members of
the Montgomery County Bar. At that meeting, a specific program was
formulated and agreed upon for the expanded future utilization of panel
attorneys in Montgomery County without, however, any unnecessary budg-
etary drain. Consequently, the need for House Bill 1533 has been obviated
and, in light of this meeting and agreement, the sponsor of the bill has
informed me that he has no objection to a veto.

For the foregoing fiscal reasons, and since the bill's purpose can be
nevertheless put into effect, I have decided to veto House Bill 1533.

Sincerely,

MARVIN MANDEL,
Governor.

House Bill No. 1533—By Delegate Owens:

An Act to repeal and re-enact, with amendments, Section 6(b) of
Article 27A of the Annotated Code of Maryland (1972 Supplement),