In a two paragraph ruling, the Court of Appeals of Maryland on Friday sided with current members of the state Public Service Commission saying they should not be replaced pending further action by the court.
The decision is a victory for PSC Chairman Kenneth D. Schisler who pursued the lawsuit after commission members found themselves ousted from the commission following the Maryland General Assembly?s approval of a bill dealing with rate hikes by Baltimore Gas and Electric.
“We are very pleased,” said Andrew Radding, a Baltimore attorney representing Schisler.
The Maryland Attorney General?s office, which is representing the general assembly, issued a statement saying: “The Court has not ruled on the merits of this case, and in essence has indicated that it will be taking more time to consider the arguments.”
However, Gov. Robert Ehrlich praised the decision. “As many independent observers and experts have recognized, the General Assembly?s election-year attack on the Public Service Commission exceeds legislative authority to the detriment of Maryland consumers,” Ehrlich said in a statement. “The Legislature?s continued overreaching is a desperate attempt to deflect blame for its misguided 1999 deregulation law. Today?s decision restores stability to the Commission while the Court more closely examines the constitutionality of the General Assembly?s egregious actions.”
In a special session last month, the General Assembly approved Senate Bill 1, which ? among other things ? required terms of the current commission to expire on June 30. But the bill allowed the commissioners to stay on board until July 15 when a new commission ? either appointed by Gov. Robert Ehrlich or named by the general assembly ? would take office.
In an order released Friday shortly after arguments before the court, Chief Judge Robert Bell wrote: “enforcement of Sections 12 and 22 of Senate Bill 1 be, and it is hereby, enjoined pending further order of this Court.”
Radding told the court that the issue was one of “power” and the authority of the General Assembly to dismiss state employees.
“Every employee would become an at-will employee of the legislature and that is not a way for the government to run,” “The effect of the act was to inflict punishment without benefit of trial,” Radding told the court.
The 7-judge panel peppered Radding and Maryland Assistant Attorney General Michael Breman with questions.
“[The legislature] could say ?everybody that the governor appointed is fired? ? there terms are now down to zero?? ” Judge Alan Wilner asked Berman.
“Legally ? as absurd is that might be ? yes,” Breman responded.
The court ruling Friday applied to the July 15 deadline to appoint a new commission, Radding said. The court could still decide as early as next week on whether the assembly overstepped its authority by ousting the commission or send the case back to a lower court for further arguments.
