Committee approves hike in trial court filing fees

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The Senate Judicial Proceedings Committee has approved a measure to increase the surcharge on trial court filing fees.

The full Senate is expected to vote early next month on passage of Senate Bill 248, designed to raise $8.5 million for the financially strapped Maryland Legal Services Corp., which helps provide the assistance. An identical measure, House Bill 106, is pending before the House Judiciary Committee.

The surcharges on filing lawsuits in the state’s circuit courts would increase by up to $45 and in the district courts by up to $10.

Supporters of the legislation — including the Maryland judiciary and the state bar association — say the surcharge boost is necessary because Interest on Lawyers Trust Accounts, the source of half of MLSC’s funds, is running dry as interest rates have plummeted in the weak economy. For example, the interest paid this fiscal year, which began July 1, is expected to be $2 million, compared to $6.7 million in 2008, according to the Maryland Judiciary.

“We’re off to a strong start, and need to keep up the momentum as we move through the session,” Susan Erlichman, MLSC’s executive director, said in a statement after the Senate committee’s vote Thursday night. “We still have quite a way to go.”

Opposition to the proposed surcharge increase has come from the Maryland Multi-Housing Association and the Maryland Association of Realtors, which represent landlords and assailed the doubling of the surcharge — from $5 to $10 — on summary ejectments, or eviction motions, filed in district court.

That doubling would place “a disproportionate burden on the management industry and its customers,” MMHA stated in written comments to the House committee.