During last year?s elections, Maryland?s highest court ? not the voters ? eliminated one of the Democrats trying to become Maryland?s attorney general.
On Monday, the seven judges of the Maryland Court of Appeals let the voters know why Thomas Perez was removed from the race.
“Common sense has taken a beating,” Perez said of the opinion. “I could be appointed to the U.S. Supreme Court. I could be appointed to U.S. attorney general, but I?m not qualified to run for Maryland attorney general? I have trouble explaining that one to the average voter.”
The court said Perez ? now Gov. Martin O?Malley?s secretary of Labor, Licensing and Regulation ? was eliminated because he had not been a member of the Maryland bar for 10 years, although he had practiced law, much of it at the federal level, for more than 10 years.
The judges also said that Perez?s work at the Department of Justice did not meet Maryland?s constitutional requirement of practicing law in Maryland for 10 years.
Judge Alan Wilner, who recently retired, wrote in his concurring opinion that if the Maryland Legislature disagrees with the judges? opinion, they can change the law.
“If the General Assembly believes that the requirement should be changed ? that 10 years is too long or that ?practiced law in this state? should be better defined ? it may propose to the people an appropriate amendment,” Wilner wrote.
Stephen Abrams, a Republican political opponent of Perez, initially brought the challenge to Perez?s candidacy.
Attorney General Douglas Gansler, also a Democrat, went on to win the election. Gansler?s candidacy was also challenged during the election, but the high court ruled the challenge came too close to election day to rule on eliminating Gansler.
