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The decision of the judges is final, unless…

The decision of the judges shall be final.

Senate President Thomas V. Mike Miller

Senate President Thomas V. Mike Miller

It’s a statement that anyone that’s every entered a contest has probably seen at least once.

In the case of attorneys at initial bail hearing in Maryland that line might very well read: The decision of the judges shall remain final unless we don’t like it.

That’s essentially what Gov. Martin J. O’Malley, Senate President Thomas V. Mike Miller and House Speaker Michael E. Busch said a week ago.

“We’re hoping [the Court of Appeals] is going to get a fresh look at a wrong decision,” Miller said on Jan. 8 on Marc Steiner’s Annapolis Summit program.

And now Miller, O’Malley and Busch look like clairvoyants.

The Court of Appeals Tuesday issued a stay [subscriber access] on a Baltimore City Circuit Court judge’s attorneys be provided for indigent defendants at initial bail hearings. That stay remains in effect until Jan. 23 so that the state’s top court can consider the state’s request for a review of the decision. n

Miller, who called the contentious decision “a poke in the eye of Martin O’Malley by two judges who have since retired,  said a week ago that the Maryland is the only state being held to this standard.

“It’s nonsense,” Miller said.

“Guess  what, we now have a new Court of Appeals,” Miller said. “The chief dissenter is now the chief judge of the Court of Appeals.”