GOP suit over legality of the special session is postponed

Wednesday, Jan. 2, 2008

The lawsuit has faced two large delays. In one, the Carroll County judge hearing the case postponed the case until Jan. 4 so the plaintiffs could depose the clerk of the House of Delegates, who was on vacation.

The deposition of Mary Monahan was scheduled for Dec. 27 in Tampa, Fla.

But last week the Court of Special Appeals stayed the deposition while the judges planned to hear an appeal from the Attorney General’s Office, adding another delay.

‘‘Obviously these judges are well aware of the case and the importance to rule promptly,” said Irwin Kramer, the Owings Mills attorney representing the plaintiffs.

The legislature’s top Republicans have sued, claiming that the General Assembly failed to follow a constitutional provision that requires one chamber to give its permission before the other chamber adjourns for more than three days.

During November’s 22-day special session, the Senate adjourned for five days after voting on Gov. Martin O’Malley’s package of tax increases.

The Republicans claim the legislature did not follow constitutional procedure, and therefore, the special session legislation should be thrown out.

During the session, the Democratic majority expanded the sales tax to computer services and increased the sales, personal income, corporate income, tobacco and vehicle titling taxes.

The suit also claims that one of the key elements of the special session — a referendum in which voters will decide whether to legalize slot machine gambling — violates a constitutional provision against taking fiscal matters to voters.

The plaintiffs in the suit are Senate Minority Leader David R. Brinkley (R-Frederick, Carroll); Senate Minority Whip Allan H. Kittleman (R-Howard, Carroll); House Minority Leader Anthony J. O’Donnell (R-Calvert, St. Mary’s); House Minority Whip Christopher Shank (R-Washington); Del. Michael D. Smigiel Jr., the House minority parliamentarian (D-Upper Shore); and John Pardoe, the owner of Byte Right Support of Baltimore, a computer firm.

Several of the taxes will take effect the first week in January, and some had envisioned a judge’s ruling before the levies would take effect.

The delay sets up the scenario that the taxes could be collected and then be found unconstitutional.

E-mail Douglas Tallman at dtallman@gazette.net.