2025 Legislative Recap: MSBA Again Defeats a Tax on Services and Promotes Security for the Profession
MSBA serves as the collective voice of Maryland’s legal profession, representing the interests of lawyers across the state from nearly every practice area, career stage, and demographic. This year, the Association successfully protected members from a proposed tax on services and secured funding for access to justice. MSBA also supported bills promoting security for the profession and improving judicial selection. Below is a summary of priority legislation from the 2025 session.
MSBA Successfully Defeats Broad 2.5% Business-to-Business Tax on Services
HB 1554/SB 1045 was introduced late in session as a measure to balance Maryland's budget and fund priorities including public safety, education, transportation, and health care. The tax would increase everyday costs for Maryland attorneys and law firms as taxable services included routine law firm transactions, such as accounting, billing, payroll, printing, marketing, lobbying, financial planning, tax preparation, and data and IT services. Through member testimony, outreach,
and grassroots advocacy, MSBA successfully opposed the tax that would have had a destructive effect on our profession, affecting every Maryland law firm and impacting costs and client services for non-profit and legal services organizations. Instead, legislators proceeded with a 3% tech tax that may still impact some of our members.
MSBA Advances Judicial and Attorney Security Through Courtroom Standards
As originally drafted, HB 789/SB 621, requested by the Maryland Judiciary, established minimum adequate security standards for courtroom security at all courthouse facilities, and required, beginning July 1, 2026, the presence
This year, the association successfully protected members from a proposed tax on services and secured funding for access to justice.
HB
103/SB
154 secured funding
Access to Counsel in Evictions Program THROUGH 2028 FOR THE
of a certain number of security officers in every courtroom during high-conflict matters, including criminal, juvenile, and family law proceedings. The bill expanded the minimum security requirement to all courtrooms by July 1, 2028. MSBA President Santini served on the legislative Task Force (created by SB 575 in 2024) that recommended the security standards in this bill. One area of legislative concern was the fiscal impact on local counties. MSBA supported the bills, which passed in amended form given the current budget deficit and funding concerns for smaller jurisdictions. The amended bill requires each law enforcement agency, department, or entity providing security at a courthouse to submit a report to Chief Justice Fader by September 2025 on their security standards and a viable plan to meet the minimum adequate security standards identified by the Task Force. SBA will continue to support security enhancements for judges, attorneys, and all who engage in our court system.
MSBA Supports Judicial Selection Bill to Remove Contested Elections
HB 778/SB 630, requested by the Maryland Judiciary, proposes amendments to the Maryland Constitution relating to the selection and tenure of circuit court judges, with a constitutional amendment proposed to state voters in November 2026. The bills align the circuit court judicial selection process with that of appellate selection by removing contested elections, designating a 10-year term, and holding a retention election within one year of appointment and every 10 years thereafter. The legislation follows a report issued by the Judiciary’s Workgroup on Judicial Selection that determined that contested elections pose ethical
concerns and security risks. The bills had lengthy committee hearings, with strong support from MSBA, local and specialty bars, the governor’s office, and the Maryland Chamber of Commerce but did not move out of legislative committees. MSBA will continue to pursue and support this issue in future legislative years.
MSBA and A2JC Secure Access to Justice Funding
As originally introduced, HB 103/SB 154 established a permanent annual funding source for the Access to Counsel in Evictions (ACE) program beyond June 2027. Without this minimal level of funding, the ACE law would not be able to keep Marylanders housed, while saving the state millions of dollars. In partnership with the Maryland Access to Justice Commission, MSBA provided supportive testimony and ensured the bill’s passage. Although the final bill did not provide ongoing annual funding, the legislature extended funding for an additional year through FY 2028. MSBA will continue to work with A2JC and civil aid partners to establish permanent ACE funding in the face of ongoing state budget concerns.
MSBA Successfully Defeats Land Records Fee
Thanks to MSBA’s determined advocacy and coalition with other affected industries, the Maryland State Archives will no longer proceed with a planned per page or monthly subscription option to access Maryland Land Records online. The proposed $0.20 per page fee and subscription tiers were unreasonable, prohibitive, and created without proper notice to our profession for feedback. As soon as MSBA learned of the proposed charge earlier this year, we engaged in direct lobbying and grassroots advocacy and successfully delayed implementation of the fee (originally scheduled for May 1, 2025) to allow time for feedback on proposed pricing. MSBA will continue to fight for our members over the next several months as we work with partners to find a permanent funding solution by the next legislative session.
The MSBA conducts the most effective advocacy with your support. Please join us as a member and use your voice to reach out to us about the issues that matter to you and to the legal profession.