EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0818*
HOUSE BILL 818
D3 5lr3455
HB 903/17 – JUD
By: Delegates Ruff, Acevero, Amprey, Boyce, Conaway, Crutchfield, Davis,
Edelson, Holmes, Kaufman, Mireku –North, Phillips, Ruth, Smith, Solomon,
Stewart, Taylor, Wilkins, Williams, and Young
Introduced and read first time: January 29, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Award of Attorney’s Fees and Expenses – Violation of Maryland Constitutional 2
Right 3
FOR the purpose of authorizing a court to award to a prevailing plaintiff reasonable 4
attorney’s fees and expenses in certain actions seeking to remedy a violation of a 5
Maryland constitutional right; authorizing a court to award reasonable attorney’s 6
fees and expenses to a prevailing defendant under certain circumstances; 7
establishing that certain limits on attorney’s fees under the Maryland Tort Claims 8
Act do not apply to a certain award of attorney’s fees and expenses; and generally 9
relating to awarding attorney’s fees and expenses in certain actions seeking to 10
remedy a violation of a Maryland constitutional right. 11
BY adding to 12
Article – Courts and Judicial Proceedings 13
Section 3–2601 and 3–2602 to be under the new subtitle “Subtitle 26. Award of 14
Attorney’s Fees and Expenses – Violation of Maryland Constitutional Right” 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – State Government 19
Section 12–109 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Courts and Judicial Proceedings 25 2 HOUSE BILL 818
SUBTITLE 26. AWARD OF ATTORNEY’S FEES AND EXPENSES – VIOLATION OF 1
MARYLAND CONSTITUTIONAL RIGHT. 2
3–2601. 3
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A COURT MAY 4
AWARD TO A PREVAILIN G PLAINTIFF REASONAB LE ATTORNEY ’S FEES AND 5
EXPENSES FOR ANY CLA IM FOR RELIEF AGAINS T THE STATE, ANY POLITICAL 6
SUBDIVISION OF THE STATE, OR AN EMPLOYEE OR AG ENT OF THE STATE OR ANY 7
POLITICAL SUBDIVISIO N OF THE STATE IF THE CLAIM FO R RELIEF SEEKS TO 8
REMEDY A VIOLATION O F A RIGHT THAT IS SE CURED BY THE MARYLAND 9
CONSTITUTION OR THE MARYLAND DECLARATION OF RIGHTS. 10
(B) A COURT MAY AWARD REAS ONABLE ATTORNEY ’S FEES AND EXPENSES 11
TO A PREVAILING DEFE NDANT ONLY ON A FIND ING THAT THE CLAIM F OR RELIEF 12
BROUGHT BY THE PLAIN TIFF TO REMEDY A VIO LATION OF A RIGHT TH AT IS SECURED 13
BY THE MARYLAND CONSTITUTION OR T HE MARYLAND DECLARATION OF RIGHTS 14
WAS MAINTAINED IN BA D FAITH OR WITHOUT S UBSTANTIAL JUSTIFICA TION. 15
3–2602. 16
FOR PURPOSES OF THIS SUBTITLE, A COURT SHALL DETERM INE WHETHER TO 17
AWARD ATTORNEY ’S FEES AND EXPENSES BY CONSIDERING THE F ACTORS LISTED IN 18
MARYLAND RULE 2–703(F)(3). 19
Article – State Government 20
12–109. 21
[Counsel] EXCEPT AS PROVIDED IN § 3–2601 OF THE COURTS ARTICLE, 22
COUNSEL may not charge or receive fees that exceed: 23
(1) 20% of a settlement made under this subtitle; or 24
(2) 25% of a judgment made under this subtitle. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 26
apply only prospectively and may not be applied or interpreted to have any effect on or 27
application to any case filed before the effective date of this Act. 28
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2025. 30