Supreme Court of Maryland
Balt. Police Dept. v. Open Justice Balt.
August 31, 2023485 Md. 605
Summary
The court held that the Maryland Public Information Act gives records custodians discretion to identify relevant factors and determine whether a complete or partial fee waiver serves the public interest, but requires a waiver once that determination is made. It further held that denial of an MPIA fee waiver is reviewed under the arbitrary-and-capricious standard and that the Baltimore Police Department applied that standard improperly by misapplying some factors and failing to consider the public controversy surrounding police misconduct and the potential effect of denying the waiver. The proper remedy was remand to the Department for reconsideration under the statutory framework. No separate opinions were provided.