Maryland House Bill HB818

Maryland 2025 Regular Session

• Introduced: 1/29/25
• Refer: 1/29/25

Caption

Award of Attorney's Fees and Expenses - Violation of Maryland Constitutional Right

Impact

This bill amends Maryland's current legal framework surrounding attorney's fees. It creates a mechanism where courts can sidestep existing provisions of the Maryland Tort Claims Act that limit the amount of fees that can be charged by counsel in certain cases. By doing so, HB818 aims to reinforce the enforcement of constitutional rights by alleviating financial barriers that may deter individuals from pursuing legitimate claims against governmental entities.

Summary

House Bill 818 concerns the awarding of attorney's fees and expenses in cases where violations of rights secured by the Maryland Constitution occur. Specifically, the bill allows courts to award reasonable fees to prevailing plaintiffs who file claims against the state or its subdivisions. The intent of this legislation is to ensure that those bringing forth constitutional claims can recover costs incurred while seeking justice and remedy from violations of their rights.

Contention

Notable points of contention surrounding HB818 include the potential financial implications for the state and its subdivisions, which may face increased liabilities due to awards granted under this bill. Critics may argue that allowing a broad interpretation of what constitutes a violation of constitutional rights could lead to frivolous lawsuits, while supporters insist that it provides essential protection for citizens against governmental overreach. Furthermore, safeguards in the bill specify that fees can only be awarded for claims brought in good faith, addressing concerns regarding misuse of the provisions.