Wednesday, April 11, 2007

Forster v. Hargadon (Ct. of Appeals)

Filed April 11, 2007 --Opinion by Judge Alan Wilner

Nancy S. Forster, the Public Defender of Maryland, petitioned for a writ of prohibition, writ of mandamus, or other appropriate relief, vacating a directive and order issued by Judge Edward Hargadon, of the Circuit Court for Baltimore City. Forster argued the directive and order were substantively unlawful and constituted an impermissible local rule. The order imposed certain procedural requirements on parties filing exceptions to the report of a master in juvenile cases and permits the court to dismiss the exceptions if those requirements are not met. The directive directed the court clerk to enter the order in each exceptions case, so that the order and its requirements would be case-specific.

A motion to stay the directive and order pending the Court's decision on the petition had been granted earlier. After considering the petition, however, the Court dismissed it and revoked the stay because the requested relief, if
warranted, was available in two pending cases in Court of Special Appeals.

The Opinion is available in PDF.

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