Professor Warnken Interviewed About Helen Holton Case
Baltimore City Councilwoman Helen Holton was charged criminally with bribery, perjury, and malfeasance in office. The criminal charges were supported by statements that she made in her role as a councilwoman. The trial judge dismissed the indictment based on the councilwoman’s legislative immunity. Under Maryland law, under the separation of powers between the executive branch and the legislative branch, a local or state elected legislator may not be charged based on “words spoken in debate” when acting in the elected legislative capacity. Two of the seven judges dissented, arguing that certain evidence should have been inadmissible, but that the charges should not have been dismissed.
Professor Warnken stated that the holding was correct. The common law, the Maryland Constitution, and the Maryland statute are all clear in providing that “words spoken in debate” may not be used to form the basis of a criminal charge. He noted that legislative immunity does not make a legislator immune from criminal liability, just immune for the use of “words spoken in Debate” to support criminal charge. Warnken stated that former Mayor Sheila Dixon’s charges were also dismissed. However, in that case, the State Prosecutor then recharged her, based on evidence that did not come from her “words spoken in debate.”