Impact of Due Process Revisions on Police Resignations in Maryland

The recent legislative changes in Maryland have sparked intense debate, particularly concerning the Police Officer Bill of Rights (POBR) and its removal. This article explores the potential impact on police resignations, focusing on the broader implications of due process changes.

The Voice of an Ex Cop

Qualifying immunity is a fundamental principle in government that shields officials from liability while they perform their duties authorized by law. One former police officer asserts, 'If I were a cop and the legislature removed qualified immunity, I would quit immediately,' indicating strong reluctance to work in a system where one could face lawsuits while performing their duties.

Different Sets of Due Process

It's important to understand that we're discussing two distinct sets of due process: one for all citizens under the law, and another, the Police Officer Bill of Rights (POBR) to protect law enforcement from unfair practices by employers during investigations. The POBRs were introduced in many states to protect police officers from being unfairly disciplined within their departments.

Maryland’s POBR aimed to balance the rights and responsibilities of both law enforcement and citizens. Critics argue that it provided police with an unfair advantage, while supporters maintain that it kept internal procedures fair. By killing the POBR, the legislature did not strip police of their legal rights but rather restored the due process applicable to all citizens.

Implications for Baltimore and the State

Baltimore is already plagued by systemic issues, and some critics predict a decline in the future. With the removal of the POBR, fewer officers will have special protections, which could encourage some to seek jobs in other states. However, such a change does not mean that a significant number of officers will resign. Instead, it might lead to more accountability and fairness in the justice system.

The Resignation Question

Many wonder how many officers will resign due to the revised due process. Some experts suggest that those with grievances or those who are satisfied with other states with similar protections may seek employment elsewhere. However, the exact number remains speculative. It's worth noting that gaining employment in states with similar protections can be competitive, and not every officer is likely to leave.

Legislative Changes and Their Impact

The state legislature's decision to abolish the Law Enforcement Officers Bill of Rights (LEOBOR) and replace it with a new procedure for handling misconduct allegations was aimed at ensuring that all citizens, including police officers, receive fair treatment. This includes removing complaints that lapse after a certain period and providing a five-day waiting period for officers to speak to internal investigators.

According to a recent report, the new process will involve joint procedures between police departments and civilians, ensuring a more transparent and balanced approach. The removal of special protections for police is seen as a positive step towards restoring due process for all.

While some may argue that this change will lead to a decline in the quality of law enforcement, the reality is more nuanced. It could lead to a more professional and accountable force, which is ultimately beneficial for the community.

Conclusion

The repeal of the POBR and the establishment of new procedures for handling misconduct allegations present a significant change in how law enforcement operates. Though some officers might choose to leave, restoring due process for all should lead to a more transparent and accountable system. This shift is part of a broader effort to ensure that justice is served and that all citizens receive fair treatment under the law.