HB 744
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 744 (Delegate Dumais)
Judiciary Judicial Proceedings
Courts – Counsel Appearance Fees – Domestic Violence
This bill prohibits a circuit court clerk from collecting a fee for docketing the appearance
of a petitioner’s or a respondent’s counsel in a domestic violence protective order case.
Fiscal Summary
State Effect: The bill pertains to appearance fees that are used for specified purposes in
the circuit courts and does not otherwise directly affect State finances and operations, as
discussed below.
Local Effect: The bill clarifies current law and reflects existing practice, as discussed
below.
Small Business Effect: None.
Analysis
Current Law: Under § 7-204 of the Courts and Judicial Proceedings Article, circuit court
clerks in specified jurisdictions are required to collect fees for docketing the appearance of
counsel. The appearance fees vary depending on the general type of action being brought
(e.g., civil actions, criminal actions, etc.) and the jurisdiction. Statutory provisions also
direct circuit court clerks on how to deposit or use the appearance fees that are collected.
Generally, the appearance fees are deposited into locally administered accounts and used
for specified purposes that are locally funded, such as for the benefit of the circuit court
law library and related equipment. Statutory provisions under § 7-204 neither specifically
authorize nor prohibit the collection of appearance fees for counsel in domestic violence
protective order cases.
Under § 4-504(c) of the Family Law Article, however, a petitioner in a domestic violence
protective order case may not be required to pay a filing fee or costs for the issuance or
service of an interim, temporary, or final protective order or a witness subpoena.
State/Local Fiscal Effect: The Judiciary advises that circuit court clerks are currently not
collecting fees for docketing the appearance of petitioner’s counsel in protective order
cases, as clerks are interpreting these appearance fees as falling within the filing fees
prohibited under the Family Law Article. Furthermore, eligibility for federal funding
associated with the Violence Against Women Act (STOP Formula Grant Program) requires
that there be no fees or costs involved for victims who seek a protective order. Pursuant to
existing practice, circuit court clerks are also not collecting fees for docketing the
appearance of respondent’s counsel. Accordingly, the bill reflects current practice and
provides additional statutory clarification that appearance fees are not to be collected, while
further ensuring that federal funding is protected.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Howard, Montgomery, and Prince George’s counties; Judiciary
(Administrative Office of the Courts); Department of Legislative Services
Fiscal Note History: First Reader - February 9, 2021
rh/jkb Third Reader - March 16, 2021
Revised - Amendment(s) - March 16, 2021
Revised - Updated Information - March 16, 2021
Analysis by: Tyler Allard Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 744/ Page 2


Statutes affected:
Text - First - Courts – Counsel Appearance Fees – Domestic Violence: 7-204 Courts and Judicial Proceedings
Text - Third - Courts – Counsel Appearance Fees – Domestic Violence: 7-204 Courts and Judicial Proceedings