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As you know, habeas corpus petitions are filed as civil matters. The civil clerk does not have access to the criminal docket information. Therefore, all that the judge receives from the clerk is the bare petition without any additional information. In order for your petition to be acted upon in an appropriate manner, please comply with the requirements outlined in this memo. Please note that these requirements only pertain to habeas corpus petitions and not to requests for bail review that are filed in the criminal case itself.
When filing a petition for habeas corpus on behalf of a defendant who is pending trial, please include a copy of the statement of charges. Also include documentation showing the last order relating to defendant’s current bond. This could be a copy of a District Court or Circuit Court docket sheet or a print out reflecting a judge's or commissioner's determination.
In addition, please be sure that every habeas petition clearly identifies the associated criminal case number and which court it is pending in.
The petition should specify the basis for the contention that defendant's detention is unlawful. A generic statement that defendant is unable to post bond is insufficient.
Please pass this information on to your colleagues. If you have any questions or suggestions, please feel free to contact me.
Paul Hackner
Criminal Case Coordinating Judge
Circuit Court for Anne Arundel County
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