When Republican plaintiffs with a Republican judge in a Republican county can?t get anything but a harsh judicial scolding for their Democratic adversaries, it?s probably a safe bet they wouldn?t do much better on appeal.
The judge in the GOP lawsuit to block the tax increases found “egregious lack of judgment” and “reprehensible” conduct by legislative leaders. He said a constitutional violation took place when the Senate adjourned for six days with only fabricated consent from the House. The only appropriate remedy for that, the judge ruled, was what actually occurred without a court order ? the senators came back to finish their business.
The shenanigans that went on ? a backdated letter written by a House clerk on Senate stationery, a return message of consent from the House that its members never approved ? provided a revealing glimpse into the recesses of the legislative closet.
The suit was called “frivolous” by the three Mikes ? Senate President Thomas V. Mike Miller, House Speaker Michael Busch and Democratic Party Chair Michael Cryor. Observing technicalities in lawmaking hardly seems trivial.
Pay attention
On the opening day of the session, as the messages from the House were being read across the desk, Miller counseled his colleagues: “Some of you may want to start paying attention to this. ? If the other message had been read and recorded, we wouldn?t have this problem” of the lawsuit.
Indeed not. The problem could have been solved fairly easily at the time, but House Democrats dug in their heels. The Republicans who sued didn?t get the taxes overturned ? an unlikely outcome on a procedural issue, most experts say ? but they did make their point about the heavy-handed way things sometimes get done in Annapolis.
If appealed, the case would ultimately go to the state?s highest court. The constitution mandates that the Court of Appeals issue opinions “within three months” of the hearing. The judges on the Court of Appeals routinely disregard that provision. Are these red-robes going to punish the legislature for skipping town for a few days? Hardly.
Rule? What rule?
Senate rule 115 (b) says, “Seats on the floor of the Senate shall be allocated by the president, in party groups and according to seniority of service.”
On opening day, Sen. James Brochin, the two-term Towson Democrat, found himself moved to the back of the room. His offense: He voted against the tax increases.
Sen. Rona Kramer, the Democrat who chairs the Montgomery County delegation, also voted against the tax increases even though she sits on the Budget and Taxation Committee. In a reorganization Thursday, the subcommittee she chaired was abolished. Kramer wouldn?t comment. Brochin, who has had a rocky relationship with Miller, was ticked.
Miller said some senators had requested the seat shuffle. Not Brochin, he was told. “Maybe it was the person next to him,” Miller joked.
Governor?s numbers
Today reporters will get their hands on a new Gonzales Research poll, including Gov. Martin O?Malley?s job performance rating. The Washington Times came out with a poll last week showing O?Malley with a worse job rating in Maryland than President Bush ? a result so astounding that most print reporters didn?t believe it. A Baltimore Sun poll Sunday also showed an equally dismal 35 percent approval rating, but still ahead of Bush, slim comfort in a heavily Democratic state.
State House Bureau Chief Len Lazarick can be reached at [email protected].
