Popkin v. Gindlesperger

We have been asked to interpret Section 3-107(d) of the Public Safety Article, Maryland Code (2003, 2011 Repl.Vol.), 1 a provision included in the Law Enforcement Officers’ Bill of Rights (“LEOBR”), to determine whether a deputy sheriff can compel, by the issuance of a subpoena, the production of documents and records in advance of a disciplinary hearing. In this case, Deputy Erick Gindlesperger of the Montgomery County Sheriffs Office had filed a subpoena request seeking to compel Sheriff Darren M. Popkin 2 to produce documents prior to a disciplinary hearing under the LEOBR. The hearing…