The state is illegally attempting to violate the Green Party?s attorney-client privilege by searching the attorney?s computer, according to the Maryland branch of the American Civil Liberties Union.
“What plaintiff in her right mind will come forward to seek justice through the courts if being successful means the party who violated her rights can then search her lawyer?s computer, reading any communications back and forth ? even if wholly unrelated to the case?” ACLU of Maryland Legal Director Deborah Jeon wrote.
Because a Green Party candidate was denied a place on the ballot in the 2000 election, the Maryland Green Party challenged the constitutionality of state election laws and practices.
The Maryland Court of Appeals ruled for the Green Party in 2003 and decided the state must pay the party?s legal fees under civil rights law.
But the state has delayed or avoided paying the fees, the ACLU alleges.
A state subpoena was served in spring 2006 upon the employer of one of the Green Party?s lawyers, demanding the lawyer?s job application and his wage, attendance and leave records.
The subpoena also seeks all e-mail stored on the lawyer?s password-protected work computer,including privileged communications between the lawyer and the Green Party and confidential documents as part of the litigation, the ACLU alleges.
The state is merely trying to obtain accurate information for the case, said Raquel Guillory, spokeswoman for Attorney General Doug Gansler.
“The Green Party has sought approximately $500,000 in attorneys? fees,” she said.
“As part of the fee litigation, the State Board of Elections sought information from Montgomery College, employer of one of the attorneys for the Green Party, regarding the use of college, not personal, resources to litigate the Green Party?s ballot access claims.”
Attorneys for the Green Party filed the appeal Friday in the Maryland Court of Special Appeals.
