HARRY HUGHES, Governor

3337

the court may not appoint an attorney who is with the
Office of the Public Defender; and providing that if
the court appoints private counsel, legal fees and
expenses are to be paid by the county or the City of
Baltimore administrative office of the courts.

May 27, 1980
Honorable James Clark, Jr.
President of the Senate
State House
Annapolis, Maryland 21404

Dear Mr. President:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed Senate Bill 78.

This bill provides that when the Public Defender's
Office declines to represent an indigent person entitled to
representation the Court may not appoint an attorney who is
with the Public Defender's Office; and further provides that
if the Court appoints private counsel, legal fees and
expense are to be paid by the Administrative Office of the
Courts.

Under the present language of Article 27A it seems
clear that a judge cannot appropriately appoint counsel for
a non-indigent defendant, nor can the Public Defender
represent such a person. Senate Bill 78 seems to authorize
a court to appoint private counsel for a defendant who does
not meet the standard of indigency. After conducting a
public hearing and thoroughly analyzing the provisions of
this bill, I feel that the effects of the bill would be to
establish questionable public policy and create a
substantial additional financial burden on the taxpayers of
the State. These results were not intended by the sponsor.

A secondary purpose for the bill was to require the
Administrative Office of the Courts to furnish the General
Assembly with information as to why judges appoint counsel
when the Public Defender declines representation. I do not
feel that legislation is required to achieve this objective.
The Chief Judge of the Court of Appeals has assured me that
he will endeavor to obtain this information.

Accordingly, while I recognize and share the legitimate
concerns of the General Assembly in this regard, I have
decided to veto Senate Bill 78.

Sincerely,
Harry Hughes
Governor