WICOMICO COUNTY, Md. -- The Appellate Court of Maryland has made a controversial decision regarding "Anton's Law." The court rules that police departments must release the names of officers who use physical force in the line of duty.
The April 3 ruling stems from a lawsuit between The Washington Post and the Town of Ocean City. WBOC's Sean Curtis has more on that.
What does the ruling mean for the Eastern Shore? Well, that depends on who you ask. Law enforcement leaders are questioning a wide range of potential negative impacts, while social justice groups are celebrating what they call a step toward better police accountability.
On Wednesday, we had a nuanced conversation with the aforementioned groups, discussing what should and should not be divulged to the public.
Worcester County Sheriff Matt Crisafulli pointed out that there are times when police officers are required, and legally allowed, to use force.
"You can use the amount of force necessary in any given situation to gain control of a subject, and you can repel force with force," said Crisafulli.
In his opinion, when force is used, it should be up to the discretion of his office to handle the next steps.
"If there are policy violations, they[the public] have to trust and believe that their law enforcement leaders are going to hold their men and women accountable," said Crisafulli. “People feel like, if they don’t have an answer to something, then they go ahead and they quickly make an assumption that nothing is being done or that law enforcement turn their heads and look the other way.”
Wicomico County State's Attorney Jamie Dykes weighed in as well. Both she and Crisafulli agree that transparency is important, and Dykes said it can promote public confidence in law enforcement.
However, she said requiring police departments to release use-of-force records that include a police officer's name, even when no further investigation or discipline takes place, could "bear negative consequences for officers who have done nothing wrong."
Dykes’ full statement can be found below:
"Transparency is important and promotes public confidence in law enforcement. However, the MPIA requirements as amended by Anton’s Law regarding even alleged misconduct can bear negative consequences for officers who have done nothing wrong.
The scope of the disclosure requirements seems to be ever-expanding, as Courts take on the interpretation of the General Assembly’s intention. I suspect this may be part of the reason Governor Hogan vetoed the legislation at the time.
The opinion in Mayor and City Council of Ocean City v. The Washington Post, No. 774, Sept. Term 2024 requires public disclosure, including officer’s names, even when no further investigation or discipline takes place. While transparency is critical, other considerations must be accounted for. In small communities especially, when law enforcement officers’ identities become known in connection with even an allegation of misconduct, they or their families can become targets.
The General Assembly has increased personal risk to officers with little to no consideration for safeguarding them. These policies have certainly affected recruitment and retention of qualified LEOs, as serving officers and those contemplating service must factor into their employment decisions the risk of exposure unsubstantiated allegations."
However, Monica Brooks, president of the Wicomico County NAACP, argues that everyone else is subject to the court of public opinion.
"Anytime anyone is arrested, people that are accused of whatever the case may be, they proudly display their faces on the news, newspapers, what have you, whether they're guilty or not," said Brooks.
And going back to Crisafulli's point about trust, Brooks said it's earned, not given.
"Crisafulli has been one that we have heard some positive things about, right. But what about all those who are not? All those who are not held to a higher account, all those who we cannot trust," said Brooks. “People deserve to know what’s going on, and they absolutely deserve to know when there are people doing wrongdoing, even if they’re in uniform.”
A ruling from the Appellate Court of Maryland is reshaping transparency laws.
