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Pretrial charging process flagged; commission moves to document concerns in annual report
Summary
The Advisory Commission on Policing of Montgomery County voted to include pretrial charging concerns in its annual report after the pretrial subcommittee reported that the state's attorney "does not have a role in, like, 95% of those initial charging decisions." Commissioners agreed to keep the issue on their work plan and seek the commissioners' manual for further review.
Cherri Branson, pretrial subcommittee lead, told the Advisory Commission on Policing of Montgomery County on June 8 that a retired state's attorney she consulted confirmed the commission's findings: "the state's attorney's office does not have a role in, like, 95% of those initial charging decisions." Branson said district court commissioners enter charges based on officer statements and that commissioners are not required to be lawyers, which can leave arrest records on public files even where charges are later dismissed.
The commission discussed next steps and voted to add the subcommittee's findings to the ACP's 2026 annual report. Brian Bellamy asked for a motion to include the concerns; Eva Quittman moved and Sean Watson seconded, and the motion carried by voice vote. Commissioners asked the subcommittee to attempt to obtain the district court commissioners' manual and related training materials to better understand institutional processes and training that shape initial charging entries.
Why it matters: Branson and others said the current process can produce persistent public records that may harm people who are later cleared, and they framed the issue as a systemic question beyond the ACP's direct authority. Commissioners discussed whether the commission should document the findings, send a letter to county officials, or recommend legislative clarification. The commission opted to document the finding in the annual report and to keep the topic on the work plan for continued review.
Commissioners asked the pretrial subcommittee to search for and review the commissioners' manual and training materials and to report back with recommendations for whether the commission should pursue outreach to the county council or state legislators. The annual report is due July 1 and will include the updated language and the work plan items approved at the June meeting.
Ending: The commission recorded the decision to include the pretrial charging concerns in the annual report and retained the item as an active work plan task for further study and potential outreach.
