![]() A spokeswoman for the Office of the Public Defender, which represents people accused of crimes across the state who can’t afford a lawyer, declined to comment. “Requiring an attorney to come to the courthouse during business hours to listen to a recording is simply not feasible for many of our members who carry busy caseloads during the day.” “Ordering the audio recording of a proceeding is a faster and more cost-effective way for attorneys to investigate and determine if ordering the transcript is necessary,” wrote Erica Suter, president of the defense attorneys’ association. ![]() The exceptions outlined in the proposed rule would not apply to attorneys in such situations. The letter cited a common scenario where a defense attorney would listen to the previous testimony of a witness also slated to testify against their client. However, defense lawyers regularly listen to recordings of cases other than their clients’ in order to prepare their defense. The proposed rule prohibiting the release of audio recordings carves out exceptions for certain judges, attorneys and people involved in the criminal case at issue. The Maryland Criminal Defense Attorneys’ Association also opposes the rule change, citing concerns from lawyers who either practice alone or work for small law firms that the rule change, as drafted, would be overly burdensome for them. That letter cited an opinion from the federal court prohibiting Maryland from enforcing its broadcast ban against National Public Radio and allowing the organization to publish a podcast featuring audio from the Capital Gazette mass shooting trial and sentencing.
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