March 1998

Access to Arrest Warrants Tightened Access to unserved arrest warrants in Maryland was challenged recently after reports in The Sun that letters from a firm that solicits clients for lawyers reached several defendants before the police arrived to serve the warrants. Reaction went forward on two fronts: in the courts and in the legislature. The Sun and the MDDC Press Association opposed initial efforts to completely close access and argued for a modified ban. At press time, legislation that would allow access to the warrants in some cases after 90 days from issue had passed both houses and appeared headed for enactment. But cases involving grand jury indictments or conspiracy investigations were exempted from the 90-day window. When the situation arose late last year, the governor asked the Court of Appeals Rules Committee to consider an emergency change to the Maryland Rules aimed at preventing the press or public from seeing unserved warrants until after the defendant's arrest. As of this date, the Rules Committee has recommended that all arrest warrants be sealed until served or until 90 days elapses, whichever occurs first. Maryland is one of a very few states which has historically allowed access to unserved warrants. Most other states seal warrants until service in order to allow the police to effectuate the arrest without prior warning to the accused. The computerization of District Court records and the growth of the attorney direct mail solicitation combined to create a perception that access to these documents creates a potential public safety hazard. Although there is no evidence that any police officer has been endangered as a result of the attorney letters, there is a fear that, if the defendant is tipped off to the warrant, he might flee or injure police. Back to March 1998 index

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