The Maryland Court of Special Appeals Friday ruled that chief clerk of the House of Delegates can testify in a lawsuit seeking to block state tax hikes going into effect next week.
The three-judge panel did not provide a reason for its dismissal of the motion by the attorney general to block the testimony.
In separate action on the lawsuit filed by the Republican leadership of the House and Senate, attorney Irwin Kramer on Friday asked Circuit Court Judge Thomas Stansfield to immediately stop enforcement of the tax increases, which include hikes in the sales, tobacco, corporate and car titling taxes. As of later Friday, Stansfield has not ruled on that request.
On Thursday, assistant attorney general Austin Schlick had urged the judge not consider stopping the tax increases after next Friday?s full hearing in the case because that “would impose further costs and burdens on the state and the hundreds of thousands of businesses and employers that have implementing responsibilities.”
The lawsuit hinges on an alleged violation of the Maryland constitution when the Senate left Annapolis for more than three days during last month?s special session called to deal with a future budget deficit. The constitution requires the House to consent to the adjournment.
The attorney general submitted official journals showing the House agreed. But Kramer wanted to question Chief Clerk Mary Monahan about when the documents were created and received and “whether many of the documents relied upon by the attorney general and legislative leaders were fabrications designed to conceal a constitutional impropriety.”
Schlick argued that questioning Monahan would violate legislative privilege and involve the court in the internal workings of the legislature. The Court of Special Appeals rejected that argument, as had Judge Stansfield.
Kramer told the Examiner, “I am pleased the court is clearing the way to get the answers that the attorney general did not want us to get.”
It was not clear if the attorney general would try any other legal action to block Monahan?s testimony.
Kramer has also filed a motion to permit TV coverage of the Jan. 4 hearing.
Kramer and his Owings Mills firm run the Legal Television Network and is a regular legal commentator on local TV stations.
