BALT. POLICE DEPT. v. OPEN JUSTICE BALT.

No. 20, Sept. Term, 2022.

301 A.3d 201 (2023)

485 Md. 605

BALTIMORE POLICE DEPARTMENT, et al. v. OPEN JUSTICE BALTIMORE.

Supreme Court of Maryland.

August 31, 2023.


Attorney(s) appearing for the Case

Argued by Michael Redmond, Director, Appellate Practice Group (Matthew O. Bradford, Chief Solicitor, Appellate Practice Group, and James L. Shea, City Solicitor, Baltimore City Department of Law, Baltimore, MD), on brief, for Petitioners.

Argued By Matthew Zernhelt (Baltimore Action Legal Team, Baltimore, MD), on brief, for Respondent.

Amicus Curiae the Maryland Office of the Public Defender: Deborah Katz Levi, Esquire, Director of Special Litigation, Office of the Public Defender, 201 St. Paul Place, Baltimore, MD 21202.

Amici Curiae on Behalf of Public Interest Organizations: ACLU of Maryland, the Public Justice Center, and Washington Lawyers' Committee for Civil Rights and Urban Affairs: Adam B. Abelson, Esquire, Samantha A. Miller, Esquire, Zuckerman Spaeder LLP, 100 East Pratt Street, Suite 2440, Baltimore, MD 21202-1031.

Amici Curiae on Behalf of the Reporters Committee for Freedom of the Press and 15 Media Organizations* (the Baltimore Sun, D.C. Open Government Coalition, First Amendment Coalition, Freedom of the Press Foundation, Investigative Reporting Workshop at American University, the Media Institute, National Freedom of Information Coalition, the National Press Club, National Press Club Journalism Institute, National Press Photographers Association, News/Media Alliance, Radio Television Digital News Association, Society of Environmental Journalists, Society of Professional Journalists, and Tully Center for Free Speech*): Lisa Zycherman, Esquire, Reporters Committee for Freedom of the Press, 1156 15th Street NW, Suite 1020, Washington, DC 20005.

Argued before: Fader, C.J., Watts, Hotten, Booth, Biran, Gould, Eaves, JJ.


For more than 40 years, the Maryland Public Information Act (the "MPIA" or the "Act") has allowed records custodians, in certain circumstances, to grant requests for waivers of fees to search for, prepare, and produce records sought under the Act. The current version of the MPIA's fee waiver provision states, in part, that an official...

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