SB 622 — Courts — State Reporter — Publication of Cases (Chapter 138, 2025)

Status: Approved by the Governor (Chapter 138) — Approved April 22, 2025

Introduced: February 20, 2025 (as part of 2025 Session)

Statute amended: Maryland Courts & Judicial Proceedings § 13‑203

Effective date: October 1, 2025

Purpose / Intent

The bill removes an obsolete provision that directed the State Reporter to “secure copyright for the State of Maryland as its property” for the bound reports of opinions of the Supreme Court of Maryland and the Appellate Court of Maryland. The Legislature and the Judiciary characterize the language as outdated in light of established legal principles holding judicial opinions to be uncopyrightable.

Key provisions

• Repeals the clause in § 13‑203 that required the State Reporter to secure copyright in published appellate opinions.
• Retains existing duties and requirements for the State Reporter, including:
  • Preparing reports of designated appellate opinions for publication under the supervision of the Supreme Court.
  • Receiving accurate copies of opinions from each appellate court clerk.
  • Publishing each designated opinion within six months of the decision.
  • Supervising proofreading, correction, and publication processes.
  • Having clerical assistance funds provided in the State budget.

Who is affected

• Maryland Judiciary / State Reporter: procedural duties remain unchanged except for removal of the copyright requirement.
• Legal publishers, libraries, practitioners, and the public: the change codifies current practice that judicial opinions are public domain and available for republication.
• No impact on the official-status rule: the Judiciary continues to maintain that bound volumes remain the final, official texts of opinions.

Fiscal and operational impact

• No expected fiscal impact on State or local government (per Judiciary/Department of Legislative Services analysis).
• No anticipated effect on small businesses.
• The bill reflects current practice (opinions reported since 1995 are already available on the Judiciary website).

Legal context / rationale

• The change formalizes precedent that judicial opinions cannot be copyrighted (citing longstanding principles such as Banks v. Manchester and affirmed reasoning in recent U.S. Supreme Court decisions concerning public legal materials).
• The amendment is described as removing obsolete statutory language without changing publication timing, access, or the official nature of bound reporters.

Technical / statutory note

• The bill reenacts § 13‑203 with the deletion of the copyright clause; all other publication and administrative provisions in that section remain in force.