Does the Speaker of the House really speak for the House? The answer to that question could decide how Carroll County Circuit Court Judge Thomas Stansfield rules in a Republican lawsuit seeking to overturn $1.3 billion in tax increases adopted in a special session of the Maryland General Assembly.
The lawsuit backed by five GOP lawmakers claims the tax increases should be nullified because of a constitutional provision that prevents one chamber from adjourning for more than three days during the session without permission from the other chamber.
Republican attorney Irwin Kramer argued Friday that Speaker of the House Michael Busch consented to a five-day Senate adjournment without consulting other legislators.
“He should not speak for a House that has not spoken,” Kramer told Stansfield. “When the House consents and the House knew nothing about it, I don?t care which dictionary you use, you cannot consent by definition.”
State attorneys have argued the legislation cannot be nullified even if the adjournment clause was violated. Assistant Attorney General Austin Schlick said each chamber determines its own definition of consent and its own rules on implementation.
In this case, Schlick said Busch gave verbal consent to Senate President Thomas V. Mike Miller?s request for a prolonged adjournment during a slow period of the session.
“There was absolutely nothing improper done here,” Schlick said.
A ruling in the Republicans favor, Schlick said, would send the state into “financial crisis,” forcing layoffs of 10 percent of the state work force and severely cutting state aid to local governments and schools.
Kramer alleged a “premeditated plan to violate the Constitution and conceal that violation.” He pointed to a highly-publicized pair of messages purportedly exchanged between the two chambers, one dated Nov. 9 and signed by Senate Secretary William Addison requesting consent for adjournment.
The other, signed by Chief Clerk of the House of Delegates Mary Monahan and dated Nov. 12, expresses consent. Monahan testified earlier this week both letters were actually written by her assistant on Nov. 12.
Stansfield did not indicate when he will rule on both parties? request for expedited judgment, but attorneys are hopeful a ruling comes down before Wednesday?s start of the General Assembly session.
Regardless of the outcome, Republicans who filed the lawsuit said they will work to repeal the tax increases during the regular session. Del. Anthony O?Donnell, a St. Mary?s and Calvert County Republican, said he plans to at least fight a sales tax extension to computer services and a tax on electronic bingo and amusements.
“We?re not going to be tilting windmills,” O?Donnell said. “We know what has a fighting chance.”
