Childhood sexual assault victims, advocates and lawyers are urging Gov. Wes Moore to veto a bill that would limit the amount of money survivors can receive in civil cases against the institutions that employed abusers.
The call comes in the wake of decades of lobbying and legal challenges for survivors as they tried to pass the 2023 Child Victims Act, which abolished the statute of limitations for when victims could sue institutions over assault.
In a statement, a spokesman for the Governor indicated Moore will sign the bill.
“The General Assembly has carefully crafted legislation that will continue to allow the survivors to seek justice while preserving the long-term fiscal stability of the State,” Carter Elliot, a spokesman for Moore’s office, said. “The governor will sign this legislation and he will continue to work with the State Legislature, local leaders, and all partners as he reviews the hundreds of bills put forward this session that will make Maryland safer, more affordable, more competitive, and the state that serves.”
The bill, which flew through the General Assembly in the matter of a weekend right before the end of the session, limits the payouts of what survivors can receive from public institutions from $890,00 to $400,000
It limits the cap on private institutions from $1.5 million to $700,000.
It also caps fees for attorneys at 20% for cases settled out of court and 25% for cases that go to trial.
Cases that are filed before June 1 will not be subject to the new caps.
Advocates say that the change is pulling the rug out from survivors and forcing them to come forward before they have time to come to terms with their abuse if they want to meet the deadline.
“The state will never voluntarily pay more than $250,000 and it takes between $100,000 and $150,000 in expenses and costs to get to a jury,” said Phil Federico, a partner at Brockstedt Mandalas Federico, which represents victims. “Economically, what they're doing is making it really no longer feasible to pursue one of these cases if it's a state case.”
The bill, introduced by Del. C.T. Wilson (D-Charles County), came into light after the state realized the extent of the sexual abuse cases that would likely fall on Maryland through assaults at places like juvenile justice centers.
Some estimates expect more than 5,000 cases filed against the state, causing fears that the payouts could impact Maryland’s impending deficits.
Maryland addressed a $3.3 billion deficit for its upcoming budget and may see a deficit of $6 billion or more in next year’s budget.
“None of us wants to be a yes on a bill like this,” Del. David Moon (D-Montgomery County), a member of the Judiciary Committee said last week. “I wish we had listened potentially to some of the wisdom of some of the colleagues that flagged questions about potential state liability.”
The Maryland Attorney General’s Office is already preparing to defend against the avalanche of cases coming forth. The office issued an RFP at the end of March for legal experts specializing in defense in child abuse cases.
David Lorenz, an advocate for the Survivors Network of those Abuse by Priests, said he doesn’t understand why the state needs to limit private institutions’ payouts as well.
“I’m not happy about it, but there are reasons why the state limits its liability. If the state can't pay it, then other things have to give,” Lorenz said. “Private institutions, they can declare bankruptcy, and the fact that they lowered the cap from $1.5 million to $700,000 is totally bogus.”
Robert Jenner, managing partner at Jenner Law, said the bill is an affront to survivors.
“It really is just a massive slap in the face to survivors of sexual assault who are trying to put their lives together and come forward, and, you know, take the brave decision to make their abuse public,” Jenner said. “With a cap on attorneys’ fees, it will be very difficult for survivors of childhood sexual assault to find experienced lawyers who are in a position to take these cases when the ability to be compensated for the work.”
