Opinion: What to Look for in Maryland’s Next Chief Public Defender

By Marci Johnson

The writer is president of AFSCME Local 423, the Maryland Defenders Union.

After 12 years as Maryland’s chief public defender, Paul DeWolfe is retiring in June. As president of AFSCME Local 423, the Maryland Defenders Union, I know just how important the selection of a new public defender is, not only to the nearly 700 workers at the Office of the Public Defender but also to the hundreds of thousands of indigent clients we serve each year.

But in the past, OPD workers have not had a voice in the selection process or in almost any aspect of agency policy. We are one of the largest groups of state employees who do not have the right to collectively bargain over our salaries, advancement or working conditions. This hurts OPD workers and the low-income Marylanders who rely on us to advocate for them in their times of greatest need.

Correcting that injustice is why we formed the Maryland Defenders Union, and why we’ll be fighting in this upcoming legislative session to pass bills in the House and Senate that will grant OPD workers the long-overdue right to collectively bargain. And it’s why the selection of the next public defender must be made with the assistance and input of OPD’s frontline workers.

Mr. DeWolfe’s replacement will be chosen by the Office of the Public Defender’s Board of Trustees, a body made up of 13 individuals appointed by the governor, the Senate president and the House speaker. The board plays a significant role in the operation of our agency: not only does it select the public defender every six years, but it observes OPD operations and offers advice on any challenges that arise during a public defender’s term of office.

Yet despite the importance of the OPD Board of Trustees, few people, let alone OPD workers, even know it exists. Attending its meetings or accessing minutes of those meetings is nearly impossible. The board has shown little interest in remedying that fact. The significant majority of trustees have no experience working at a public defender agency, leaving them unaware of the unique challenges of indigent defense.

Our union is made up of workers across all the different positions at the Office of the Public Defender. Every day, we fight tenaciously for the civil rights and well-being of Maryland residents who can’t afford to pay for legal representation. We know what makes our agency thrive and what makes it fall short. Our perspective is of immense value to the agency, and important decisions like this one should not be made without our input and expertise.

With that in mind, I recently sent a letter to the board laying out four principles that it must embrace and prioritize in the search and selection process for the next public defender: transparency, diversity, commitment and solidarity.

First, the selection process should be open to the public and to the workers of OPD, within reason, so that people can understand who is being considered for the position of public defender and under what criteria they are being evaluated. The board must be careful to abide by Maryland’s Open Meetings Law and ensure that all interested candidates are given a fair opportunity to be heard and considered.

Second, the candidates considered should represent a wide range of perspectives and experiences. OPD serves an incredibly diverse group of clients, but our agency does not reflect that diversity. The next public defender must prioritize diversity, equity and inclusion throughout the agency, particularly among upper management positions.

Third, the person eventually chosen as the next public defender must be wholly committed to OPD’s mission of zealous representation of low-income Marylanders. We frontline OPD workers advocate for our clients every day, and we need a public defender who will advocate for us and engage with the legislative and executive branches to make sure we have the resources and support we need.

And finally, the next public defender must support the Maryland Defenders Union and the right of OPD workers to organize and collectively bargain. Our agency is strongest when everyone has a seat at the table. Our new public defender must be prepared to support the union in our fight for collective bargaining rights and be ready to engage with us on all matters of interest to our members.

If the next chief is chosen with these four principles in mind, OPD’s future is bright. When it comes to what makes this agency work, frontline workers are the experts.

We need a seat at the table, and our perspective needs to be taken into account. We ask all Marylanders to support us in our fight for workers’ rights and for a strong Office of the Public Defender.

Republish