(2008)

You have asked for our opinion whether a State's Attorney or other State agency may charge the Office of the Public Defender "processing" or other fees for producing discovery in cases involving indigent defendants.

In our opinion, a State's Attorney or other State agency may not charge a criminal defendant for the cost of providing access to, or copies of, written discovery provided pursuant to the Maryland Rules. An agency may charge for copying discovery materials as an accommodation to a defendant when the rules do not require that the party making discovery provide a copy. In addition, an…