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Fines and Fees

	State	Statute	Description/Statute Name	Statutory language	Amount	Level of offense	Mandatory	Imposed by	Delegation of authority
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(3)	removed, falsified, or unauthorized identification number or registration card	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 14-104 (“Damaging or tampering with vehicle”);	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(4)	altered or forged documents and plates	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 14-107 (“Removed, falsified, or unauthorized identification number or registration card or plate”);	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(5)	prohibited acts: vehicle sales transactions	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 14-110 (“Altered or forged documents and plates”);	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(6)	prohibited acts: advertising practices	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 15-312 (“Dealers: Prohibited acts--Vehicle sales transactions”);	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(7)	prohibited acts: violation of licensing law	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 15-313 (“Dealers: Prohibited acts--Advertising practices”);	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(8)	prohibited acts: vehicle salesman	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 15-314 (“Dealers: Prohibited acts--Violation of licensing laws”);	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(9)	prohibited acts: violation of alcohol restriction	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 15-411 (“Vehicle salesmen: Prohibited acts”);	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(10)	prohibited acts: unlawful use of license	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 16-113(j) (“Violation of alcohol restriction”);	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(11)	prohibited acts: leaving scene of accident	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 16-301, except § 16-301(a) or (b) (“Unlawful use of license”);	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-101(c)(12)	prohibited acts: accidents resulting only in damage to attended vehicle or property	Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 + See more or imprisonment for not more than 2 months or both: § 20-103 (“Driver to remain at scene--Accidents resulting only in damage to attended vehicle or property”);	$0 - $500	Misdemeanor	No	Court	N/A

Poverty Penalties and Poverty Traps

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-503(a)	Installment	When a court imposes a fine, the court may order the defendant to pay the fine: (1) When the court imposes sentence; or (2) In specified installments at designated intervals.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-503(c)	Condition Probation on Payment	If a court sentences a defendant to probation, the court may make payment of a fine a condition of the sentence.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(3)	Imprisonment	After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: May order that the individual be committed + See more to a correctional facility;	Incarceration	All	No
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-505	Collection of Unpaid Fines and Costs	Unpaid and undischarged fines and unpaid costs may be levied, executed on, and collected in the same manner as judgments in civil cases.	Property liens	All	No
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 26-207(a)	Revocation of Commercial License	If a person holding a commercial driver's license fails to comply with a notice to appear in court or a notice for failure to pay a fine for a traffic + See more citation issued to the person under the laws or regulations of another state, and the other state's driver licensing authority notified the Administration of the noncompliance, on receipt of the notice of noncompliance and after giving the person 10 days' written notice, the Administration shall suspend the driving privileges of the person until receipt of a notice of compliance from the other state.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	Maryland	Md. Code Ann., Transp. § 27-103(a)	Revocation of License	If a person fined under the Maryland Vehicle Law1 or under any federal traffic law or regulation for a violation occurring in Maryland does not pay the fine in accordance + See more with the court's directive: (1) The court may so certify to the Administration; and (2) On such certification, after giving the person 10 days advance written notice, the Administration may suspend the driving privileges or license of the person until the fine has been paid.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	Maryland	Md. Code Ann., Crim. Law §10-119(i)	Criminal Contempt Sanctions	if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may + See more be punished by the court as provided by law.	Increased fine	All	No
Add to Dashboard + Create New	Maryland	Md. Code Ann., Crim. Law §10-127(c)	Criminal Contempt Sanctions	A defendant's willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law.	Increased fine	All	No
Add to Dashboard + Create New	Maryland	Md. Code Ann., Crim. Law §10-133(i)	Criminal Contempt Sanctions	if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may + See more be punished by the court as provided by law.	Increased fine	All	No
Add to Dashboard + Create New	Maryland	Md. Code Ann., Crim. Law §10-137(i)	Criminal Contempt Sanctions	if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may + See more be punished by the court as provided by law.	Increased fine	All	No

Ability to Pay

	State	Statute	Description/Statute Name	Statutory language	Level of offense	Definition of ability to pay	Timeline	Burden of proof	Method of determination	Mandatory	Remedies if unable to pay
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-201(b)	Waiver of Fees for Indigent Petitioners	The circuit court shall pass an order waiving the payment in advance if: (1) Upon petition for waiver, it is satisfied that the petitioner is unable by reason of his + See more poverty to make the payment; and (2) The petitioner's attorney, if any, certifies that the suit, appeal, or writ is meritorious.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge after hearing	No	Waiver of fee
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-405	Waiver of Criminal Court Costs	The District Court or a circuit court in a criminal case may not waive any court costs imposed under § 7-409 of this subtitle unless the defendant establishes indigency as + See more provided in the Maryland Rules.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge after hearing	No	Waiver of fee
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(2)	Ability to Pay Fine	(a) A defendant who is unable to pay a fine ordered by a court may apply to the court for a reduction of the fine. (b) If a defendant + See more fails or is unable to pay a fine as ordered by a court, the court may investigate the reasons for the failure or inability to pay the fine, including the defendant's financial and family situation and whether nonpayment of the fine is contumacious or is due to indigence. (c) After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: (1) May order that the individual be committed to a correctional facility; (2) May reduce the fine to an amount that the court determines the defendant is able to pay; or (3) Subject to subsection (d) of this section, may direct that the individual be imprisoned until payment of: (i) The fine; or(ii) Part of the fine that is undischarged after a pro rata credit for time served instead of payment.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge after hearing	No	Commitment; Reduction of Fee; Incarceration until payment based upon a per diem rate

Transparency

	State	Statute	Description/Statute Name	Statutory language	Type of obligation	Actor
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-503	Reporting nonpayment to courts	If a fine is payable in installments, the court may order that the payments be made to a probation agency or officer.(2) The probation agency or officer shall report to + See more the court a failure to comply with the order. Md. Code Ann., Cts. & Jud. Proc. § 7-503	Obligation to report/conduct analysis	Supervision agency
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-301(f)(vii)	Reporting on Disposition of Court Costs	On or before September 1 of each year until $20,000,000 has been distributed to the Volunteer Company Assistance Fund, the State Court Administrator shall submit a report to the Senate + See more Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2-1246 of the State Government Article, on the amount of revenue distributed to the Volunteer Company Assistance Fund under this paragraph.	Obligation to report/conduct analysis	State courts

Collections Infrastructure

	State	Statute	Description/Statute Name	Statutory language	Who may collect
Add to Dashboard + Create New	Maryland	Md. Code Ann., State Fin. & Proc. § 3-302	Collection by state agencies	(a)(1) Except as otherwise provided in subsection (b) of this section, paragraph (2)(ii) of this subsection, or in other law, the Central Collection Unit is responsible for the collection of + See more each delinquent account or other debt that is owed to the State or any of its officials or units. (2)(i) Except as provided in subparagraph (ii) of this paragraph, an official or unit of the State government shall refer to the Central Collection Unit each debt for which the Central Collection Unit has collection responsibility under this subsection and may not settle the debt. (ii) A public institution of higher education may not refer a delinquent student account or debt to the Central Collection Unit unless, in accordance with § 15-119 of the Education Article: 1. the delinquent account or debt has not been settled by the end of the late registration period of the semester after the student account became delinquent; or 2. the student has not entered into or made timely payments to satisfy an installment payment plan. (3) For the purposes of this subtitle, a community college or board of trustees for a community college established or operating under Title 16 of the Education Article is a unit of the State. Exceptions (b) Unless, with the approval of the Secretary, a unit of the State government assigns the claim to the Central Collection Unit, the Central Collection Unit is not responsible for and may not collect: (1) any taxes; (2) any child support payment that is owed under § 5-308 of the Human Services Article; (3) any unemployment insurance contribution or overpayment; (4) any fine; (5) any court costs; (6) any forfeiture on bond; (7) any money that is owed as a result of a default on a loan that the Department of Business and Economic Development or the Department of Housing and Community Development has made or insured; or (8) any money that is owed under Title 9, Subtitles 2, 3, and 4 and Title 20 of the Insurance Article.	State/statewide agency
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-202	Collection by courts	The Comptroller of the State shall require clerks of court to collect all fees required to be collected by law.	State courts
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-503	Collection installments - probation agency/officers	If a fine is payable in installments, the court may order that the payments be made to a probation agency or officer. (2) The probation agency or officer shall report + See more to the court a failure to comply with the order.	Law enforcement

Revenue Flow

	State	Statute	Description/Statute Name	Statutory language	Who receives the funding	Other beneficiaries	Level of offense
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-507(b)	Disposition of Fines	Except as provided in subsection (c) of this section, the fines imposed by and recognizances forfeited to each circuit court shall be distributed as follows: (1) 50% to the clerk + See more of the circuit court, to be used under the direction of the judges of the circuit court to augment the court library; and (2) 5% to the clerk of the circuit court as a commission.	State courts	Clerk of Court	All
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-102(b)(2)	Surcharge	The State Court Administrator, as part of the Administrator's determination of the amount of fees to be charged by the Clerk of the Court of Appeals and the Clerk of + See more the Court of Special Appeals, shall assess a surcharge that shall be: (1) $11 per case; and (2) Deposited into the Circuit Court Real Property Records Improvement Fund established under § 13-602 of this article.	State courts	N/A	All
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-402(f)(2)	Surcharge - Baltimore Sheriffs	The revenue generated from the surcharge on filing fees for the sheriff services under paragraph (1) of this subsection shall fund the enhancement of sheriff benefits and the increase in + See more sheriff personnel to enhance the service of domestic violence orders.	Law enforcement	N/A	All
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-409(e)	Circuit Court - Additional Cost	(1) All money collected under this section shall be paid to the Comptroller of the State. (2) The Comptroller shall deposit $22.50 from each fee collected under subsection (b) of + See more this section from a circuit court and $12.50 from each fee collected under subsection (c) of this section from the District Court into the State Victims of Crime Fund established under § 11-916 of the Criminal Procedure Article. (3) The Comptroller shall deposit $2.50 from each fee collected under subsections (b) and (c) of this section into the Victim and Witness Protection and Relocation Fund established under § 11-905 of the Criminal Procedure Article. (4) The Comptroller shall deposit all other moneys collected under subsections (b) and (c) of this section into the Criminal Injuries Compensation Fund established under § 11-819 of the Criminal Procedure Article.	Other	N/A	All
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-409(e)	District Court - Additional Cost	(1) All money collected under this section shall be paid to the Comptroller of the State. (2) The Comptroller shall deposit $22.50 from each fee collected under subsection (b) of + See more this section from a circuit court and $12.50 from each fee collected under subsection (c) of this section from the District Court into the State Victims of Crime Fund established under § 11-916 of the Criminal Procedure Article. (3) The Comptroller shall deposit $2.50 from each fee collected under subsections (b) and (c) of this section into the Victim and Witness Protection and Relocation Fund established under § 11-905 of the Criminal Procedure Article. (4) The Comptroller shall deposit all other moneys collected under subsections (b) and (c) of this section into the Criminal Injuries Compensation Fund established under § 11-819 of the Criminal Procedure Article.	Other	N/A	All
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-409(e)	Additional Cost - Conviction	(1) All money collected under this section shall be paid to the Comptroller of the State. (2) The Comptroller shall deposit $22.50 from each fee collected under subsection (b) of + See more this section from a circuit court and $12.50 from each fee collected under subsection (c) of this section from the District Court into the State Victims of Crime Fund established under § 11-916 of the Criminal Procedure Article. (3) The Comptroller shall deposit $2.50 from each fee collected under subsections (b) and (c) of this section into the Victim and Witness Protection and Relocation Fund established under § 11-905 of the Criminal Procedure Article. (4) The Comptroller shall deposit all other moneys collected under subsections (b) and (c) of this section into the Criminal Injuries Compensation Fund established under § 11-819 of the Criminal Procedure Article.	Other	N/A	All
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-301(e); Md. Code Ann., Cts. & Jud. Proc. § 7-301(f)	Disposition of Court Costs	The Comptroller shall annually pay from the court costs collected by the District Court under subsections (a) and (b)(1) of this section: (1) $500,000 into the Criminal Injuries Compensation Fund + See more established under § 11-819 of the Criminal Procedure Article; and (2) $125,000 into the Victim and Witness Protection and Relocation Fund established under § 11-905 of the Criminal Procedure Article. The Comptroller annually shall credit the surcharges collected under this subsection as provided in this paragraph. (ii) An amount annually as set forth in the State budget shall be distributed for the Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship as established in § 18-603.1 of the Education Article. (iii) An amount annually as set forth in the State budget shall be distributed to the Maryland State Firemen's Association for the Widows' and Orphans' Fund. (iv) After the distribution under subparagraphs (ii) and (iii) of this paragraph, $200,000 shall be distributed to the Maryland State Firemen's Association. (v) After the distribution under subparagraphs (ii), (iii), and (iv) of this paragraph and until a total of $20,000,000 has been distributed to the Volunteer Company Assistance Fund since the establishment of the surcharge under this subsection, the remainder shall be credited to the Volunteer Company Assistance Fund to be used in accordance with the provisions of Title 8, Subtitle 2 of the Public Safety Article. (vi) After a total of $20,000,000 has been distributed to the Volunteer Company Assistance Fund, 100% of the remainder shall be credited to the Maryland Emergency Medical System Operations Fund established under § 13-955 of the Transportation Article. (vii) On or before September 1 of each year until $20,000,000 has been distributed to the Volunteer Company Assistance Fund, the State Court Administrator shall submit a report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2-1246 of the State Government Article, on the amount of revenue distributed to the Volunteer Company Assistance Fund under this paragraph.	State/statewide agency	Criminal Injuries Compensation Fund; Victim and Witness Protection and Relocation Fund; Firefighter and Ambulance and Rescue Squad Member Scholarship; Maryland State Firemen's Association for the Widows' and Orphans' Fund; Maryland + See more State Firemen's Association; Volunteer Company Assistance Fund; Maryland Emergency Medical System Operations Fund	All

Court Rules

	State	Citation	Description/Statute Name	Language from the rule	When does the rule apply?
Add to Dashboard + Create New	Maryland	Md. Rule 4-353	Assessment of Costs pursuant to Article, § 7-409	Costs assessed pursuant to Code, Courts Article, § 7-409 shall be assessed separately from other costs and shall not be waived by the court except upon an express finding stated + See more on the record that the defendant is not likely to be able to pay any significant part of those costs within the succeeding twelve years.	Ability to pay
Add to Dashboard + Create New	Maryland	Md. Rule 4-354	Money judgments/order of payments	A money judgment or other order for payment of a sum certain entered in a criminal action in favor of the State, including court costs, a fine, forfeiture of an + See more appearance bond, and adjudication of a lien pursuant to Code, Criminal Procedure Article, § 16-212, may be enforced in the same manner as a money judgment entered in a civil action or in accordance with statutory procedures for the collection of a debt due to the State or a State agency.	Enforcement

Structure of Courts

	State	Statute	Description/Statute Name	Statutory language	Court/legal body	Function
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 1-301; Md. Code Ann., Cts. & Jud. Proc. § 12-307	Court of Appeals - jurisdiction	The Court of Appeals has: (1) Jurisdiction to review a case or proceeding pending in or decided by the Court of Special Appeals in accordance with Subtitle 2 of this + See more title; (2) Jurisdiction to review a case or proceeding decided by a circuit court, in accordance with § 12-305 of this subtitle; and (3) Exclusive appellate jurisdiction with respect to a question of law certified to it under the Uniform Certification of Questions of Law Act.	Maryland Court of Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 1-401; Md. Code Ann., Cts. & Jud. Proc. § 12-307	Court of Special Appeals - jurisdiction	Except as provided in § 12-307 of this subtitle, the Court of Special Appeals has exclusive initial appellate jurisdiction over any reviewable judgment, decree, order or other action of a + See more circuit court, and an orphans' court.	Maryland Court of Special Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 1-501	Circuit Courts - jurisdiction	The circuit courts are the highest common-law and equity courts of record exercising original jurisdiction within the State. Each has full common-law and equity powers and jurisdiction in all civil + See more and criminal cases within its county, and all the additional powers and jurisdiction conferred by the Constitution and by law, except where by law jurisdiction has been limited or conferred exclusively upon another tribunal.	Maryland Circuit Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 4-201	District Courts - jurisdiction	The jurisdiction of the District Court extends to every case which arises within the State or is subject to the State's judicial power, and which is within the limitations imposed + See more by this title or elsewhere by law. Exercise of this jurisdiction is subject to the restrictions of venue established by law.	District Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Maryland	Md. Code Ann., Est. & Trusts § 2-102 (West)	Orphans' Court - jurisdiction	The court may conduct judicial probate, direct the conduct of a personal representative, and pass orders which may be required in the course of the administration of an estate of + See more a decedent. It may summon witnesses. The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred. The court may conduct judicial probate, direct the conduct of a personal representative, and pass orders which may be required in the course of the administration of an estate of a decedent. It may summon witnesses. The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred.	Orphans' Court	Jurisdiction of the courts
Add to Dashboard + Create New	Maryland	Md. Const. art. IV, §§ 1, 14	Court of Appeals - creation of courts	The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See more and a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..	Maryland Court of Appeals	Creation of the courts
Add to Dashboard + Create New	Maryland	Md. Const. art. IV, §§ 1, 15	Special Appeals - creation of courts	The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See more and a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..	Maryland Court of Special Appeals	Creation of the courts
Add to Dashboard + Create New	Maryland	Md. Const. art. IV, §§ 1, 16	Circuit Courts - creation of courts	The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See more and a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..	Maryland Circuit Courts	Creation of the courts
Add to Dashboard + Create New	Maryland	Md. Const. art. IV, §§ 1, 17	District Courts - creation of courts	The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See more and a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..	District Courts	Creation of the courts
Add to Dashboard + Create New	Maryland	Md. Const. art. IV, §§ 1, 18	Orphans' Court - creation of courts	The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, + See more and a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it..	Orphans' Court	Creation of the courts

Case Law

	State	Citation	Question	Brief Answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Maryland	86 Md. Op. Att'y Gen. 183 (2001) (citing Reddick v. State, 608 A.2d 1246 (1992); Smith v. State, 506 A.2d 1165 (1986); Turner v. State, 516 A.2d 579 (1986)).	Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See more the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).	All that is required is that the court must first assess the defendant's ability to pay the fine by inquiring into the defendant's family and financial situation before incarcerating defendant + See more for inability to pay. No specific procedural mechanisms have been established.	"State law provides that a court may sentence a convicted defendant who has failed to pay a fine to an additional period of confinement to “work off” the fine. However, + See more under both State law and the federal Constitution, the court must first assess the defendant's ability to pay the fine by inquiring into the defendant's family and financial situation. Any additional period of incarceration imposed for failure to pay the fine must be within statutory limits and may not, in any event, exceed 90 days. Finally, the total period of incarceration imposed on an indigent defendant may not exceed the statutory maximum for the underlying offense."	Ability to pay
Add to Dashboard + Create New	Maryland	Md. Const. art. IV, § 18 (granting the Court of Appeals the authority to enacts rules with the force of law); see, e.g., MD R ADR Rule 17-208 (the Court + See more of Appeals authorizes its Chief Judge to approve fee schedules)	Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue?	No. Maryland's Constitution allows the Court of Appeals to impose binding state-wide rules, including fines and fees.	"The Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and in the other + See more courts of this State, which shall have the force of law until rescinded, changed or modified by the Court of Appeals or otherwise by law. The power of courts other than the Court of Appeals to make rules of practice and procedure, or administrative rules, shall be subject to the rules and regulations adopted by the Court of Appeals or otherwise by law." "Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules for court-designated individuals conducting each type of fee-for-service ADR"	Revenue flow
Add to Dashboard + Create New	Maryland	Md. Code Ann., Cts. & Jud. Proc. § 7-503; Rucker v. Harford Cty., 558 A.2d 399, 404 (Md. 1989) (citing Mayor & City Council of Baltimore v. State, 15 Md. + See more 376, 488 (1860) (Grand, C.J., concurring))	Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See more law enforcement agencies?	Law enforcement officials can collect fees. However, law enforcement officials should not be given any duties which directly conflict with their law enforcement duties.	“[T]he Constitution ... does not specify or describe the powers and duties of the sheriff. These are left to the common law and the Acts of Assembly.... There is nothing + See more to prohibit the Legislature from adding to or diminishing his duties, provided those added be not in conflict with his office as sheriff.”	Enforcement
Add to Dashboard + Create New	Maryland	Baldwin v. State, 444 A.2d 1058, 1066 (Md. 1982)	Are there limits to the state’s ability to recoup fees for counsel under the state constitution?	The state may seek reimbursement of any amount which a defendant can reasonably be expected to pay.	"The initial determination, under the law, is to be made by the Public Defender; and to assist him in making it, § 7(b) authorizes him to “make such investigation of + See more the financial status of each defendant at such time or times as the circumstances shall warrant....”Obviously cognizant that shifting sands of fortune might subsequently render inaccurate a previous eligibility determination, and also recognizing that time might not always permit a thorough investigation into the financial status of a defendant prior to the rendition of services, the General Assembly provided in art. 27A a comprehensive scheme whereby the Public Defender could obtain reimbursement from defendants later found able to pay for part or all of his services."	Ability to pay
Add to Dashboard + Create New	Maryland	Rutherford v. Rutherford, 464 A.2d 228, 237 (Md. 1983)	Other applicable case law	An indigent defendant in a civil contempt proceeding cannot be sentenced to incarceration unless he or she has been afforded the right to counsel	"Therefore, under the Due Process Clause of the Fourteenth Amendment and Article 24 of the Maryland Declaration of Rights, an indigent defendant in a civil contempt proceeding cannot be sentenced + See more to incarceration unless he has been afforded the right to appointed counsel. This does not mean that a constitutional right to appointed counsel attaches in every civil contempt proceeding involving an indigent defendant. Rather, we hold only that, under the due process requirements of the federal and state constitutions, an indigent defendant in a civil contempt proceeding cannot be sentenced to actual incarceration unless counsel has been appointed to represent him or he has waived the right to counsel"	Ability to pay
Add to Dashboard + Create New	Maryland	McDaniel v. State, 45 A.3d 916, 924 (Md. 2012)	Other applicable case law	When a defendant is ordered to make restitution to a crime victim, the defendant must timely object or the issue is waived.	"When a court orders a defendant to make restitution to a crime victim, and the defendant believes that the court either fails to inquire into his ability to pay or + See more errs in determining his ability to pay, the defendant must make a timely objection to the order, else the issue is waived"	Ability to pay

Attorney General Opinions

	State	Citation	Description/Statute Name	Question	Brief answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Maryland	83 Md. Op. Att'y Gen. 33 (1998)	Maryland-Attorney General opinion	Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if + See more the proceedings may only result in additional fines or non-incarceration penalties?	The same procedural protections apply when a defendant may be incarcerated. Otherwise, they do not apply.	In similar language, the Maryland Public Defender Act requires representation by that office “at all stages” of specified proceedings. When incarceration is sought in a civil contempt proceeding, a hearing + See more before a master is a critical stage of such a proceeding. Accordingly, both the right to counsel and the obligation of the Public Defender to provide representation for indigents apply.If incarceration is not sought as a remedy in a contempt proceeding, the constitutional right to counsel is not implicated.6 Nor is the Public Defender obligated to provide representation.	Ability to pay
Add to Dashboard + Create New	Maryland	79 Md. Op. Att'y Gen. 354 (1994)	Maryland-Attorney General opinion	Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution?	No. A case-by-case standard could be used for each defendant. However, uniform eligibility requirements must be used under the Administrative Procedure Act	In theory, the Office of the Public Defender might administer these eligibility provisions on an entirely individualized basis, through an ad hoc assessment of each applicant's financial ability. [However, i]t + See more is our opinion that the eligibility criteria established by the Public Defenders Office must be adopted under the rulemaking procedures of the Administrative Procedure Act in order to be legally effective.	Fines and fees
Add to Dashboard + Create New	Maryland	See Md. Code Ann., State Fin. & Proc. § 3-302	Maryland-Attorney General opinion	Which fines and/or fees may be collected by a private vendor?	N/A. Maryland has a state central collection agency which collects fees.		Revenue flow
Add to Dashboard + Create New	Maryland	86 Md. Op. Att'y Gen. 183 (2001)	Maryland-Attorney General opinion	Who has the burden of proof in an ability to pay determination? What is the standard of proof required?	No burden or standard has been established. Instead, the Court simply inquires into the reason for inability to pay the fine.	"Thus, the Constitution places both procedural and substantive limitations on a court's power to incarcerate a criminal defendant in lieu of payment of a fine. First, the court must inquire + See more into the reason why the defendant has failed to pay the fine. If the failure to pay is attributable to indigency the court must also consider alternate methods of punishment. If the court ultimately decides that an additional period of incarceration is necessary to serve the interests of deterrence and punishment, the aggregate period of incarceration cannot exceed the maximum sentence for the underlying offense."	Ability to pay
Add to Dashboard + Create New	Maryland	Simms v. State, 501 A.2d 1338, 1342 (1986)	Maryland-Attorney General opinion	Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees?	Case law says at the time of collection.	"A hearing to determine ability to pay is appropriate not at the time of the imposition of the sentence but at the time of its enforcement"	Ability to pay
Add to Dashboard + Create New	Maryland	Md. Const. art. IV, § 18; See, e.g., MD R ADR Rule 17-208	Maryland-Attorney General opinion	What authority do county or municipal courts have to set fines or fees?	They have authority as granted to them by the Court of Appeals	"Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules + See more for court-designated individuals conducting each type of fee-for-service ADR"	Fines and fees
Add to Dashboard + Create New	Maryland	Md. Const. art. IV, § 18 (granting the Court of Appeals the authority to enacts rules with the force of law); see, e.g., MD R ADR Rule 17-208 (the Court + See more of Appeals authorizes its Chief Judge to approve fee schedules)	Maryland-Attorney General opinion	What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?	Maryland's highest court can impose binding state-wide rules, including fines and fees.	"The Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and in the other + See more courts of this State, which shall have the force of law until rescinded, changed or modified by the Court of Appeals or otherwise by law. The power of courts other than the Court of Appeals to make rules of practice and procedure, or administrative rules, shall be subject to the rules and regulations adopted by the Court of Appeals or otherwise by law." "Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules for court-designated individuals conducting each type of fee-for-service ADR"	Fines and fees