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Session Laws, 1976
Volume 734, Page 1816   View pdf image
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1816

LAWS OF MARYLAND

Ch. 654

7.

(i) The reasonable value of the services rendered
to a defendant pursuant to this article shall constitute
a lien on any and all real property OR PERSONALTY in
which the defendant shall have or acquire an interest,
except for the residence of the defendant. To perfect
such lien, the Public Defender shall submit to the court
having jurisdiction in the matter, an affidavit setting
forth the services rendered to the defendant and the
reasonable value thereof. [The] THE COURT SHALL SET A
HEARING DATE AND SHALL NOTIFY THE DEFENDANT OF THE DATE
AND THE FACT THAT AN AFFIDAVIT WAS FILED BY THE PUBLIC
DEFENDER. THE DEFENDANT MAY APPEAR AND MAY BE
REPRESENTED BY COUNSEL, PRESENT EVIDENCE, AND EXAMINE
WITNESSES. THE DEFENDANT MAY CONTEST THE FILING OF THE
AFFIDAVIT TO PERFECT A LIEN BY THE PUBLIC DEFENDER
[[OR]];FOR THE REASONABLE VALUE OF THE SERVICES RENDERED.
IF THE COURT DETERMINES THAT THE PUBLIC DEFENDER IS NOT
ENTITLED TO A LIEN, THE PROCEEDING SHALL BE DISMISSED.
IF THE COURT DETERMINES THAT THE PUBLIC DEFENDER IS
ENTITLED TO A LIEN FOR SERVICES RENDERED TO THE
DEFENDANT, THE court shall determine and adjudge the
reasonable value of said services. Upon adjudication, a
lien shall be filed or docketed with the clerk of the
circuit court or District Court where the services were
performed or where the defendant works or resides, and
from the date thereof shall constitute a lien on the
defendant's property for a period of 10 years unless
sooner discharged and, except for such time limitation,
shall have the force and effect of a judgment at law.

(e) The clerks of the several circuit courts and
the [Supreme Bench] SUPERIOR COURT of Baltimore City and
the District Court throughout the State shall provide
separate books for the recording of said liens, which
books shall be properly indexed in the name of the
debtor. The Public Defender shall not be required to
pay filing or recording fees.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.

CHAPTER 655
(House Bill 411)
AN ACT concerning

State Leasing of Office and Building Space

 

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Session Laws, 1976
Volume 734, Page 1816   View pdf image
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