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STATE v. CITY OF BALTIMORE

[No. 32, September Term, 1982.]

296 Md. 67 (1983)

459 A.2d 585

STATE OF MARYLAND ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Motion for reconsideration filed June 2, 1983.

Denied June 3, 1983.

Attorney(s) appearing for the Case

Robert A. Zarnoch, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Bonnie A. Travieso, Assistant Attorney General, on the brief, for appellants.

Charles Freeland, with whom were Kaplan, Freeland & Schwartz and Benjamin L. Brown, City Solicitor, on the brief, for appellees.

Amicus curiae brief of Prince George's County, Maryland filed by Robert B. Ostrom, County Attorney, Michael O. Connaughton, Deputy County Attorney and Valerie J. Monaghan, Associate County Attorney.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

ELDRIDGE, J., delivered the opinion of the Court.

We granted the State's petition for a writ of certiorari in this case to determine whether Baltimore City is liable for unpaid criminal court costs incurred when an accused has been relieved of the obligation to pay the costs because of his indigency or because of a disposition of criminal proceedings in his favor.

In 1973 and 1974, Baltimore City (the City), without objection, paid to the Clerk of the Criminal...

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