6.

Maryland Attorney General Brian E. Frosh issued an opinion for the General Assembly concluding that an individualized inquiry into defendants’ ability to pay a monetary bail amount is constitutionally required and that “setting bail in an amount not affordable to the defendant, thus effectively denying release, raises a significant risk that the Court of Appeals would find it violates due process.”² If elected Attorney General, will you commit to issuing a similar opinion examining the constitutionality of wealth-based pretrial detention within your first year in office?

ANSWER: LIKELY

COMMENT:

As noted above, I have serious concerns about the legality of bail determinations that do not depend on individualized inquiries. Assuming we cannot fix any such defects through other processes, I will give serious consideration to issuing a similar opinion.