People's Counsel on zoning and land use matters

For years I have suggested that in matters before the Zoning Commission, the Board of Zoning Adjustment, and the Alcoholic Beverage Regulatory Administration (liquor licenses), that citizens groups should be afforded representation by "the state" to represent their interests because the applicants usually have a lot of money and the citizens don't and it is a hardship to require citizens and citizens groups to come up with the money to hire professional representation.

Plus, I think it's a bit of a 14th amendment violation (although such cases are difficult to win), because neighborhoods of high income households have a greater likelihood of being able to retain or provide quality representation, and low income neighborhoods are less likely to have such resources, and therefore have less or minimal representation in comparable situations.

I suggested that there is a model for this, in the manner in which People's Counsels represent citizen interests on utility matters in most jurisdictions.

The National Association of Regulatory Utility Commissioners is the association of those officers who regulate utility services. According to their website: "as regulators, [NARUC] members are charged with protecting the public and ensuring that rates charged by regulated utilities are fair, just, and reasonable."

(In DC, this is under threat as the Fenty Administration has proposed the appointment to the position of People's Counsel a friend of the Mayor, a lawyer with absolutely no experience in consumer advocacy, citizen representation, utility regulation, etc.)

It turns out that Baltimore County has exactly this type of arrangement on zoning challenges.

From the Baltimore County Office of Planning website:

People's Counsel

The positions of the People's Counsel and Deputy were established by the County Charter; they are appointed by the County Executive subject to County Council confirmation.

Function

The function of the People's Counsel may include appearing before local, state and federal administrative agencies and courts "to represent the interests of the public in general" in any zoning matter.

Responsibility

The People's Counsel has the responsibility under the Charter, "to defend any duly enacted Master Plan and/or Comprehensive zoning maps."

I don't know if other jurisdictions in the State of Maryland have a similar position. I think it's pretty unique...