STATE OF MARYLAND v. CRYSTAL BROOKMAN
Court of Appeals, McDonald, July 31, 2018,
Drug Court – Drug Court “sanctions” related to liberty cannot be imposed until a full, due-process adversarial hearing has been conducted
(Concur – Getty with Hotten – Drug court should be considered in light of its circumstance)
(Dissent – Greene with Adkins and Watts – “The therapeutic nature and purpose of Drug Court proceedings are dependent on the ability of the Drug Court to issue immediate sanctions”)
Facts: Brookman was convicted and sentenced to probation and successful completion of Montgomery County’s Drug Court. During probation, Brookman’s urinalysis suggested that she was attempting to dilute her urine.
At the violation hearing, Brookman’s counsel asked for a postponement to gather and present evidence contesting the test results.
The Court heard a statement from Brookman and then imposed an immediate sanction of overnight incarceration from the drug court sanction “menu.”
Brookman appealed, arguing that it was a violation of due process to sanction her without the opportunity to contest the result.
Held: The Court held that drug court cannot bypass due process and requires a full hearing prior to
Violation of Probation – A violation of probation hearing must include:
– written notice of the alleged violation
– disclosure of the evidence on which the alleged violation is based
– an opportunity to be heard and to present witnesses and documentary evidence
– an opportunity to confront and cross-examine adverse witnesses
Hearing – An “opportunity to be heard” is meaningless if the result is pre-ordained regardless of what the decision maker hears.
From the Case: “In Ms. Brookman’s case, the Circuit Court essentially assumed that the factual predicate of a program violation was met and allowed no opportunity for Ms. Brookman’s counsel to review the urinalysis test result with an expert and possibly present evidence negating the finding of a program violation before it imposed a sanction of incarceration..”
Problem-Solving Courts – Sanctions- Immediate sanctions involving loss of liberty or termination from the program require notice, right to representation, and right to be heard.
Problem-Solving Courts – Sanctions- Due Process- The right to be heard includes the right to review and analyze test results and offer testimony in her defense