5268                                                    VETOES

(F)(1) IF A CHILD IS RELEASED ON BAIL OR ON
RECOGNIZANCE, THE ORDER WAIVING JURISDICTION IS
INTERLOCUTORY.

(2) IF A CHILD IS COMMITTED TO CUSTODY, THE
ORDER WAIVING JURISDICTION IS IMMEDIATELY APPEALABLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

June 1, 1982
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed House Bill 625.

Under present law, an order of a juvenile court waiving
jurisdiction to the adult court is immediately appealable.

This bill provides that if a juvenile court passes an
order waiving jurisdiction over a child, the order is
interlocutory if the child is released on bail or on
recognizance. If the child is committed to custody, the
order is immediately appealable.

Thus, susceptibility of a waiver order to immediate
appeal may be determined by a child's ability or inability
to afford bail which raises serious questions of fairness at
the very least.

Senate Bill 217 provides that all orders of a juvenile
court waiving jurisdiction to the adult court are
interlocutory and is irreconcilable with the provisions of
House Bill 625.

Because the two bills may not be reconciled and Senate
Bill 217 does not suffer the potential problems that House
Bill 625 does, I have decided to veto House Bill 625.

Sincerely,
Harry Hughes
Governor