Maryland’s 2026 Legislative Session concluded with a race to the midnight deadline on April 13th, as legislators debated and finalized a broad range of bills including energy relief, affordability, immigration enforcement and state cooperation, and voting rights. MSBA remained a steady partner with legislators and advocates, advancing and securing passage of several bills with the support of member attorneys, Sections, and Committees. Association priorities include:
- Promoting court security and access;
- Opposing taxes and fees on professional services and promoting smart business policies;
- Safeguarding civil legal aid organizations; and,
- Upholding the rule of law and administration of justice.
Here are the results of several key bills that impact the profession.
Regulation of Fees, Improving State Revenue
Opposing Fees That Impact Attorneys – SUCCESSFULLY DEFEATED: In 2025, the State Archives proposed a new land records fee in 2025 that would have significantly increased costs for Maryland attorneys and clients accessing digital land records. MSBA stopped the fee and this year supported bills (HB 576/SB 425) that would regulate fees by State Archive (including land records). While the bills did not move out of committee, MSBA successfully prevented any new fees or paywalls related to land records. MSBA will continue to monitor the issue and oppose unregulated and unreasonable fees.
Attracting Businesses to Maryland, Increasing State Revenue - PASSED (HB 1346): MSBA, through its Business Law Section, developed and supported legislation that would allow for an expedited filing fee for certain business filings, to improve business efficiency, bring more business to the state, and increase revenue. The bill moved quickly in the last few days of session to the Senate floor for unanimous passage.
Courts and Security
Court Security—Minimum Standards - PASSED (HB 492/SB 544): The bill establishes minimum adequate security standards for all courthouses in Maryland, requiring responsible security entities to make best efforts to have at least one security officer present in each courtroom for criminal, family, or juvenile matters, two officers for proceedings involving incarcerated individuals or those likely to be taken into custody, and one additional officer for every four or fewer courtrooms on each floor, with expanded requirements by 2029. The Judiciary also allocated funds in its FY 2027 budget to assist local jurisdictions in meeting minimum security standards.
Investigation of Threats by Office of the State Prosecutor – PASSED (HB 1031/SB 634): The bill expands the role of Office of the State Prosecutor to investigate a threat made against a judge or judge-elect.
Protecting Personal Information – FAILED (SB 121, SB 632): Legislators considered two bills that would protect the personal information of public servants. SB 632 would have protected the personal information of state elected officials. SB 121 would have protected a broader group of individuals, including public-facing attorneys. MSBA will continue to monitor and engage on security and privacy-related bills for attorneys and judges.
Judgeships – Washington County – PASSED (HB 493): The Judiciary requested an additional Circuit Court judge for St. Mary’s County and another District Court judge for Washington County. The bill was amended to remove the St. Mary’s County position.
Judicial and Quasi-Judicial Employees – Compensation – PASSED (HB 608/SB 313): The bill authorizes an annual stipend for administrative judges and the Chief Judge of the Appellate Court of Maryland. The bill was amended to alter compensation of the Chairman of the Workers’ Compensation Commission to be at least equal to the salary of the Chief Judge of the District Court.
Circuit Court Clerks and Registers of Wills – Maximum Salary – PASSED (HB 822): The bill increases limits on maximum salaries to align with similar positions in state government.
Rule of Law, Immigration Enforcement
Violations of Constitutional Rights – PASSED (HB 351/SB 346): The bill allows individuals in Maryland to sue if they believe their constitutional rights have been violated by a federal officer acting under the authority of law.
Banning 287(g) Agreements – PASSED (HB 444/SB 245): Lawmakers took up immigration enforcement early in the session. Governor Moore signed into law bills banning agreements between local law enforcement agencies and federal immigration authorities.
Community Trust Act – PASSED (SB 791): The bill moved through the legislature in the last few days of session, as a complement to HB 444/SB 245, including limiting how law enforcement can collaborate with federal agencies and requiring a court order or judicial warrant for certain transfers to ICE.
Administration of Justice, Access to Justice
Youth Charging Reform and Detention - PASSED (SB 323): The bill directs more criminal cases to juvenile court rather than automatically charging juveniles as adults, and was amended to incorporate SB 296, providing limits on juvenile contact with incarcerated adults in detention.
District Court – Issuance of Summonses and Arrest Warrants - FAILED (HB 336): The bill removes the authority of a District Court commissioner to issue an arrest warrant based on an application for a statement of charges filed by an individual who is not a police officer or a State’s Attorney. The commissioner may issue a summons and refer the application for a statement of charges to the State’s Attorney’s office for review and to determine whether to request a judge of the District Court issue an arrest warrant.
Real Property – Access to Counsel in Evictions Program – Expansion – PASSED (SB 729): The bill updates the ACE program to expand access to legal representation and related services to individuals who live in a mobile home park.
Petition for Guardianship of the Property of Alleged Disabled Person (HB 426): The bill provides a process to allow courts to stay property actions against alleged disabled persons to allow for the temporary or permanent appointment of a guardian.
Estates and Trust, Property
Estates and Trusts – Fiduciaries – Attorney-Client Privilege – PASSED (HB 65/SB 131): The bill clarifies that a communication between an attorney and a client that acts as a fiduciary is subject to attorney-client privilege even if fiduciary funds are used to compensate the attorney for services rendered to the client.
Estates - Uniform Simultaneous Death Act – PASSED (HB 596/SB 2500: This updated uniform act addresses inequities in property distribution that can occur when two individuals die simultaneously or in close succession.
Real Property - Transfer-on-death Deed - PASSED (HB 738/SB 651): The bill simplifies estate planning and property transfer at death outside of probate.
Bankruptcy Proceedings – Exemptions from Execution – Residential Real Property - PASSED (SB 939): The bill exempts certain owner-occupied residential real property from execution on a judgment in certain amounts and subject to certain adjustments in a bankruptcy proceeding.
Family Law
Protective Orders - Duration and Relief (HB 497): The bill lengthens time between a temporary protective order hearing and a final protective order hearing for up to fourteen days from when a temporary order is issued.
Child Support – Earnings Withholding Limits – PASSED (SB 16): The bill limits the percentage of an obligor disposable earnings for the purposes of an earnings withholding or a wage withholding order for child support and arrearages.
MSBA thanks our members who have dedicated many hours and their expertise to advocacy efforts throughout the legislative session. You can view a full list of bills passed by the Legislature here.
MSBA will provide more detailed bill summaries in the coming weeks.