September 2022 Maryland Certiorari Grant
The Maryland Court of Appeals granted certiorari in one case following its September 22 conference.
Baltimore Police Department, et al. v. Open Justice Baltimore – Case No. 20, September Term, 2022
(Unreported COSA Opinion by Judge Shaw)
Issues – General Provisions – 1) Does the discretionary language in Md. Code § 4-206(3) of the General Provisions Article, stating that, under certain conditions, “[t]he official custodian may waive a fee under this section,” require the official custodian to waive a fee when police misconduct investigation records are requested? 2) When an official custodian denies a fee waiver request in good faith, but a reviewing court rules that the denial is arbitrary and capricious for failure to consider an additional relevant factor, is the proper remedy a remand to the agency to consider that additional factor, or summary reversal (i.e., ordering the agency to waive the fee)? 3) Did CSA err by reversing the circuit’s affirmation of Petitioner’s fee waiver denial when there was sworn affidavit evidence in the record that Petitioner had considered the relevant factors in determining that the requested waiver was not in the public interest?