Case Name/Case # Standford N.
Franklin v. Mayor and City Counsel Baltimore 538-1599
Appellant C ounsel/ Area of Law
Howard B. Hoffman 301-251-3752
Public Information Act Request
Judge/ Jurisdiction
William O. Carr Circuit Court for Harford County
Issues
This case involves an appeal from the denial of attorney’s fees and costs pursuant to the fee shifting provisions of Maryland’s Public Information Act. The case arises from the appellants’ request for documents related to the expenditure of outside counsel fees from the Mayor and City Counsel of Baltimore. The fee records relate to payments from the Mayor and City counsel of Baltimore to the law firm of the campaign treasurer of then-gubernatorial candidate and Baltimore City Mayor The Honorable Martin O’Malley. Specifically, the fees are alleged to relate to whistleblower litigation that he and a Baltimore Police Commander had brought pursuant to 42 USC §1983. The documents were eventually produced, but the request for attorney’s fees was denied and the appeal followed. The appellant argues that in awarding attorney’s fees and costs under the Public Information Act, the court is required to consider at least three factors including the benefit to the public, the nature of the complainants’ interest in the released interest, and whether the withholding of the information had a reason- able basis in law. In the present case, the trial court denied the fee request stating that the information was sought to support the appellants position in then existing litigation rather then out of purely public interest or for public ben- efit. On appeal, the appellant argues that the release of the documents in question nevertheless provided a significant public benefit. The question for the Court is the proper weighing of these two factors.
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66
Trial Reporter
Fall 2008
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