The Baltimore Sun from Baltimore, Maryland • A11

MONDAY, OCTOBER 26, 2015 THE BALTIMORE SUN 11 said in an email. Giles said the fact the mayor's office controls the state's attorney's budget does raise an issue of prosecutorial independence, but "this would be the case regardless of the personal relationship between the occupants of the two positions." Amy Dillard, a law professor at the University of Baltimore, said the Mosbys would have to be cautious not to engage in any conduct that gave the appearance of impropriety. But, "There are se sa "a pten- tial conflict is not DOth threats the reason to make someone unsuit- and OppOrtU- able for holding a nitiesfor the government position." Matthew Cren-son, emeritus pro candidate." ALGERINA PERN ABALTIMORE SUN City Councilman Nick Mosby and his wife, Baltimore State's Attorney Marilyn J. Mosby, walk to the podium to announce Nick Mosby's run for mayor. Opinions vary on whether a conflict would exist if he were elected.

Nick Mosby's run for mayor raises issues about wife's job More online For video from Nick Mosby's announcement, go to baltimoresun.com 7-day print subscribers get free digital access Activate digital access at baltimoresun.comactivatenow fessor of political Daniel Schlozman, science at Johns assistant political Hopkins, said he science professor at doesn't know of any the Johns Hopkins time in Baltimore's University history that a mar- ried couple or closely related family members each held such powerful positions. "There are political dynasties in Baltimore the Currans, the Mitchells but I haven't come across any couples or family members who have held such high municipal offices simultaneously," said Crenson, who has researched Baltimore's political history. He said he knows of no restriction that would block the Mosbys from holding both positions. Others in office with political family ties include City Councilman Robert Curran, a brother of J. Joseph Curran who was Maryland attorney general, and the late Martin E.

"Mike" Curran, a former councilman. Their father, J. Joseph Curran also served on City Council. The Mitchells and Conaways have a long legacy as well. Clarence M.

Mitchell Jr. for whom the courthouse in downtown Baltimore is named was a Washington lobbyist for the NAACP and was called the U.S. Senate's "51st member." His son and grandson, Clarence M. Mitchell III and Clarence M. Mitchell IV, are former state senators.

His grandson Keiffer Mitchell is a former state delegate. The late Frank M. Conaway Sr. was clerk of the Circuit Court for Baltimore. His wife, Mary Conaway, was once the city's register of wills, a position now held by his daughter, Belinda Conaway.

His son, Frank M. Conaway serves in the House of Delegates. Kasniunas said her research shows that city voters are wary of a concentration of power. "We are in a city that has legacy of familial politics, and we have an electorate that is frustrated with government. And in Baltimore city, they see part of that as being the politics of old," she said.

Others who have said that they are considering a run for mayor include City Councilman Brandon Scott; William H. Cole IV, president of the Baltimore Development businessman David L. War-nock; and Elizabeth Embry, criminal division chief for the Maryland attorney general's office and daughter of Abell Foundation President Robert C. Embry Jr. Other Democrats who have filed are Richard Black, Mack Clifton, Mike Maraziti and Calvin Allen Young III.

Republican Brian Charles Vaeth has filed to run, as has Green Party member Bonnie Lane. ywengerbaltsun.com twitter.comyvonnewenger lbroadwaterbaltsun.com twitter.comlukebroadwater MOSBY, From page 1 between police and prosecutors. For instance, former Mayor Martin O'MaUey and former State's Attorney Patricia Jessamy famously clashed over O'Malley's "zero tolerance" policing policy, with Jessamy dropping thousands of arrests she deemed illegal. City prosecutors have been known to bring charges against wrongdoing by employees of the Police Department or other city agencies. Marilyn Mosby is currently investigating alleged wrongdoing by public housing employees, who are overseen by the mayor's housing chief.

If Nick Mosby were to win, Marilyn Mosby could find herself in a situation where she would be tasked with investigating people on her husband's staff. Farajii Muhammad, co-host of former state Sen. Larry Young's radio talk show, said perceptions of a conflict of interest could be Nick Mosby's "Achilles' heel." "There are some who like the symbolism of a Baltimore power couple," Muhammad said. "But other people are going to be very concerned. People will always have to wonder about the decisions they're making." Nick Mosby, 36, formally entered the race Sunday before a crowd of 350 at the Madison Park North Apartments, a once-troubled complex dubbed "Murder Mall" that is slated for demolition.

In an interview, he said he sees no conflict in his wife's role, saying both are accountable to voters. "I don't think that's an issue," he said. "To the average Baltimore city resident who wants their life improved that's not going to play into their decision." He also said the budget for the state's attorney's office is only a fraction of the city's annual $3.2 billion operating and capital budget. And, he said, the budget is vetted and must be approved by the City Council. Mosby said he shares his wife's desire to "go after police officers who are not doing One such issue is making headlines, she said.

Marilyn Mosby's office is looking into allegations that maintenance men demanded sex for repairs in public housing. While the complexes are run by the housing authority, not a city agency, the authority's head also serves as the mayor's housing commissioner. If both the Mosbys were in power, Kasniunas said, voters might wonder if the issue would receive proper scrutiny. "How would this look if her husband was mayor and she's launching a criminal investigation?" Kasniunas said. "The notion of messiness is something that voters get concerned about" Daniel Schlozman, an assistant political science professor at the Johns Hopkins University, said the theory behind electing Baltimore's top prosecutor is the same one behind much of the U.S.

political system: to create a division of power. "That's classic Madisonian stuff," Schlozman said. "Those checks don't work the same way even if Nick Mosby and Marilyn Mosby follow all the rules. Their interests are so tied up in each other." Still, Schlozman said he expects Mosby to try to define their relationship as an asset. "There are both threats and opportunities for the candidate," Schlozman said.

"His campaign consultants will be very busy thinking about how to take the situation and turn it into a positive. Precisely what makes campaigning interesting will be hearing different frames emerging from the various campaigns." Not everyone believes there is a conflict Michael Giles, an Emory University political science professor, said the relationship between the Mosbys doesn't raise any immediate red flags. He said a conflict could arise if a corruption case connected to Nick Mosby's administration would surface. In that case, Giles said, Marilyn Mosby would be expected to recuse herself. "I don't think it is a conflict per se," Giles right in our community," but said they'll approach the issue from their different positions.

A spokeswoman for Marilyn Mosby, 35, declined to comment. Mosby did not raise the issue during his nearly 30-minute campaign speech Sunday. Many in the crowd said they weren't bothered by the potential of having the Mosbys hold two of the city's most powerful positions. To Chris Matthews, it would be an asset. "The two of them together is what we need, a power couple leading the city.

They give a united front. Their views are united goals and ideas are united," said Matthews, 30, a behavior specialist in the city school system. In the mayor's race, Mosby is entering a Democratic field that includes former Mayor Sheila Dixon, state Sen. Catherine Pugh, City Councilman Carl Stokes and several lesser known candidates. More could enter before the filing deadline Feb.

3. The Democratic primary, which for decades has determined Baltimore's mayor, is April 26. Mayor Stephanie Rawlings-Blake isn't seeking re-election. Nina Kasniunas, an assistant political science professor at Goucher College, said conflicts of interest whether real or perceived will challenge Nick Mosby's Gag order is latest challenge for Gray case observers the state, and the public to a fair trial by an impartial jury," Williams wrote in his gag order. Williams previously rejected arguments from defense attorneys who said the trials should be moved out of Baltimore because intense media coverage affected their clients' ability to get a fair trial.

The judge ruled the claim was premature and that potential jurors should be screened. Judge Charles J. Peters in June denied a previous attempt by prosecutors to ban comments outside of the courtroom, though on procedural grounds. The Baltimore state's attorney's office never renewed its request, but Williams at the close of last week's hearing said he would be issuing a gag order. A gag order is a rare step, though city judges have in the past imposed such orders in high-profile murder cases.

Steve Levin, a defense attorney and former federal prosecutor, said he was surprised by the timing of the gag order in the Gray case. With the exception of State's Attorney Marilyn J. Mosby publicly announcing charges against the officers on May and a news event organized a few weeks later by attorneys for defendant Sgt. Alicia White, both sides have aired their arguments in court filings, he said. "Since that time, I haven't heard either side say much, if anything, about the case," Levin said.

"I don't think the gag order is going to make a difference because I don't think either side is going to be talking to the press." Officer Caesar Goodson the driver of the police van, is charged with second-degree murder. White, Porter and Lt Brian W. Rice are charged with manslaughter. Officers Edward M. Nero and Garrett E.

Miller face lesser charges, including second-degree assault. All six have been charged with misconduct. All have pleaded not guilty to the charges and have been free on bail. Most new information released about the case has been in court filings. Because of public interest, the Maryland Judiciary established a website to post filings in the Gray case.

A similar website was set up for the corruption trial of former mayor Sheila Dixon, while documents in a handful of other high-profile cases have been posted online due to public interest. But there have been delays of two days to a week from the time documents are filed in the Gray case to when they are posted. The gag order, for example, was signed on a Wednesday but not released by the court until the following Friday. Another document filed that Wednesday, from Porter's attorneys, was not in the court file as of the following Tuesday, though the court clerk's office was able to track it down. Terri Charles, a spokeswoman for the judiciary, said that processing time in the clerk's office is 24 to 48 hours and that the agency has sought to post documents once they go through that process.

The judiciary, she added, does plan to improve public access to the Gray case material. The pretrial proceedings have been marked by lengthy bench conferences, in which Williams converses with attorneys at the front of the courtroom while white noise is played over courtroom speakers so that the public can't hear the discussions. Legal experts said bench conferences are typically conducted to discuss sensitive information about a client or witness or when a judge wants to scold attorneys and not embarrass them. "I certainly understand why the public would be interested in that, but that's within the discretion of the judge," Levin said. Retired Maryland Court of Appeals Judge Joseph F.

Murphy Jr. said the public's right to know is not an "immediate" one. "It's not that the public will never get a chance to know what went on at a bench conference they will," Murphy said. "But there's a difference between the right to receive information, and the right to receive that information instantly under circumstances that place a serious risk to the fairness of the proceeding." Such bench conferences are part of the official public record of the hearing. However, an administrative order from 2010 applying to all Baltimore Circuit Court cases prohibits the public from viewing the conferences when reviewing video recordings of hearings.

The conferences are included in official transcripts of the hearings, but that order prohibits anyone other than attorneys and judges from obtaining a transcript until proceedings are completed. That order, issued by then-Administrative Judge Marcella Holland shortly after the conclusion of Dixon's trial, cited that it had "come to the court's attention that certain proceedings attract more attention from the public and more requests for transcripts." Court officials said changes to the 2010 order have been contemplated, but are not expected before the conclusion of the Gray case. Baltimore Circuit Court Administrative Judge W. Michel Pierson did not return calls seeking comment. Rebecca Snyder, executive director of the Maryland-Delaware-DC Press Association, said such orders undermine the public's faith in the justice system whether that sentiment is justified by the court's actions or not.

"That's damaging to the process," she said. "It's so important to make sure the public has trust in the process, that it's an effective process and that everyone can participate." jfentonbaltsun.com GAG ORDER From page 1 family. "The judge is trying to keep it open when possible, but ensuring that the defendants can get a fair trial," said Greg Hurley, an analyst with the National Center for State Courts. "In a run-of-the-mill case, these aren't hard decisions. There aren't people looking at each piece of evidence.

In a high-profile case, there's interest in every facet." The death of Gray in April, a week after suffering a fatal spinal injury in a police transport van, has drawn widespread attention to Baltimore. Six officers involved in his arrest and transport have been charged with a range of crimes, from misconduct to assault and second-degree murder. The first trial, of Officer William Porter, is scheduled to begin in late November. Gregg Leslie, legal defense director for the Reporters Committee for Freedom of the Press, said when cases draw such widespread attention, the public also learns more about the way courts operate. "It's always land of the exceptional trial, the high-profile trial, that we learn about the flaws in the system," Leslie said.

Gag orders, for example, are overused by the courts and don't achieve the desired objective, he said. "They stop the best information from getting out to the public, and don't have the curative effect that judges think they will have" on potential jurors, he said. The jury selection process, he said, is meant to "weed out people with biases." Judge Barry Williams has been grappling with how months of publicity could impact the trial. He concluded a gag order was necessary to limit discussion of the case. "There is a substantial likelihood that certain forms of publicity, such as extrajudicial statement by the parties involved in this case to members of the press or media, could impair the rights of the defendants,.