Maryland's courts are open Friday, but more than 1,000 public defenders, assistant attorneys general and other state lawyers are off that day - making for what some court employees are saying could be a waste of a workday.
The Friday leading into Labor Day weekend is the first of five planned state shutdowns that, together with additional days of unpaid leave, will save about $75 million. Gov. Martin O'Malley announced furloughs for nearly all of the state's 70,000 workers last week.
The executive branch furloughs cover state agencies, such as the Office of the Public Defender and the Maryland attorney general's office. The legislature and judiciary branches are exempt from furloughs. Lawmakers have been asked by their leaders to voluntarily give back at least eight days of salary.
Chief Judge Robert M. Bell decided to keep the courts open Friday "due to the late notice" of O'Malley's announcement about furloughs, which came before last week's Board of Public Works.
"We're just not like every other branch," said Angelita Plemmer, a spokeswoman for the judiciary. "We are responsible for the administration of justice, and we take that very seriously."
Closing courts suddenly, Plemmer said, could result in trial delays that are considered unconstitutional and cause problems for people who had been planning to file lawsuits at the last possible moment before the statute of limitations expires.
Judges, secretaries, clerks and other courthouse support staff have to report for duty Friday. Dockets are light that day, and judges and other courthouse workers are expecting a flood of postponement requests but little actual work.
The complication is that many lawyers - including more than 500 public defenders who are in court nearly every day - are paid by the state and subject to furloughs. Also closing Friday is the 400-lawyer attorney general's office and the far smaller state prosecutor's office.
City and county prosecutors, although state employees, are working because they are paid by the local governments, which are developing their own budget cuts.
Although most of his colleagues will stay home that day, Deputy State Prosecutor Thomas "Mike" McDonough will spend his unpaid day in court - at a hearing for baking magnate John Paterakis, charged along with a Baltimore councilwoman with campaign finance violations.
"If we have court scheduled on a furlough day, we go. Period," McDonough said. "Not just for this case, for any case."