Dec 23, 2007 10:46 am US/Eastern
Some Republicans Call Special Session Illegal
ANNAPOLIS, Md. (WJZ) ―
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An effort by some Republicans to overturn the results of the Maryland General Assembly's special session is stalled in court.
An effort to overturn the results of the Maryland General Assembly's special session is stalled in court.
Pat Warren reports some state Republicans are calling the special session illegal.
A tax increase, a lawsuit, and a missing witness--all three are elements in the latest controversy brewing in Annapolis over this year's special session.
Some Republicans in the House and the Senate say the special session was illegal because the Senate recessed for more than three days without getting approval from the House as required by the state constitution.
They say in order to prove their case, they need the testimony of House Clerk Mary Monahan.
They told the judge Friday that they can't find Monahan.
"I think as the judge pointed out, this is not a small matter. It is not a minor technicality when the chief clerk of the Maryland House of Delegates flees the jurisdiction after losing a motion to block that deposition in an effort to deprive my clients, the defense, and all the tax payers of Maryland information about what their legislature did," said Irwin Kramer the plaintiff's attorney.
The legislature passed the most comprehensive tax and revenue package anyone in office can remember, but if by constitutional standards, the Senate played a little hookey in the process, the State Attorney General's Office says it doesn't matter.
"What the law of this state and the law of all states and the federal system says is that the legislature is the judge of its own procedures. So if the legislature determines that the constitutional legislative procedures were complied with then that is the final word of the subject," said Austin Schlick from the State Attorney General's Office.
Or as final as it gets in Annapolis. Opponents of the O'Malley revenue package passed last month say they still see a way out by way of the state constitution.
"I find upholding the constitution and its provisions beyond politics," said Michael Smeigel.
The case is being heard in Carroll County Circuit Court.
The judge says he finds it disturbing that the House Chief Clerk has not been deposed, and he continued the case to January 4.
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