Two vie for orphans court spot

Wednesday, March 4, 2009

ANNAPOLIS — A seemingly routine vacancy on the Charles County Orphans Court has sparked questions about the replacement process and prompted a veteran politician to pick tradition over party politics.

The decision by Sen. Thomas "Mac" Middleton to let Gov. Martin O'Malley choose whether to appoint a Republican to the seat has also riled a Democratic foot soldier and union activist who sought the post, potentially stirring bad blood within the party.

Former Orphans Court Judge Kevin B. Wedding, a Republican, appears likely to get the nod over longtime Democratic loyalist Frank H. Lancaster, who believes that O'Malley (D) can and should tap a Democrat.

The dust-up stems from the Feb. 1 retirement of Judge Elizabeth L. Garner, a Republican who served on the court since 1982.

Previous vacancies have generated little controversy. The party that occupied the seat has historically nominated a successor, who is appointed by the governor and must then receive Senate confirmation.

But state law does not spell out whether the partisan balance must be maintained.

Still, local Republicans believed they would nominate Garner's successor. Following her resignation, the Charles County GOP Central Committee sought applications for the vacancy and submitted Wedding's name to Middleton and the governor's office.

Local senators hold significant influence in the appointment process and often consult with the governor before a final decision is made.

Middleton said he grappled with the decision, but ultimately sided with the same method that has always been used. He said he talked to O'Malley on Monday and said he would support whatever decision the governor made.

"When you look at the process, I think a Republican should fill the vacancy, because it was a Republican that created the vacancy," Middleton said. "If we went against that, we would be injecting partisanship into this process."

That's the proper approach, said Wedding, a La Plata resident who served on the court from 1998 to 2006.

"You have a right choice and a political choice," he said.

But that's not the way Lancaster, a Rock Point resident who is president of the 4th and 5th Districts Democratic Club of Charles County, sees it. He believes Middleton hastily presumed a Republican had to be nominated for the position without knowing the law does not stipulate party affiliation as a factor.

"I think it was a premature action on his part and he now finds himself in an embarrassing position," Lancaster said.

He has petitioned the governor to appoint him and provided letters of support from Sen. Roy P. Dyson (D-St. Mary's, Calvert, Charles) and numerous labor unions that he has long been affiliated with.

It's not the first time Middleton and Lancaster have been at odds. The two jostled prior to the 2006 election when Middleton formed a slate without the input of party leaders. Political observers believe the wounds have yet to heal from that episode.

History favors Wedding

When Democrat Lillian A. Clark retired from the court in 2004, the Charles County Democratic Central Committee sent three names, including Lancaster, to then-Gov. Robert L. Ehrlich Jr. (R) for consideration. Although Ehrlich could have chosen someone from his own party, he appointed former Indian Head Mayor Warren A. Bowie, who now serves as chief judge. (Democrat J. Lorraine Berry is the other member of the court.)

"There has been a tradition of respect from both sides of the aisle," Wedding said.

Had Ehrlich tried to appoint a Republican, Middleton said he would have blocked it. So it would be hypocritical for him to push a Democrat for a seat in GOP hands, he said.

It's also respecting the will of the voters, who put a Republican in that position in 2006.

"That, in itself, was enough for me to support a Republican," Middleton said.

A simple solution, Wedding said, is to remove politics from the decision entirely and appoint the most qualified person since orphans court judges are supposed to remain unbiased on the bench and refrain from political activism during their term.

"Senator Middleton has a choice between supporting someone who's got eight years experience and is ready to start from day one and someone who's never been there who happens to be a Democrat," Wedding said on Monday.

Further, if a Democrat were to be considered, Wedding said they should have to go through the same process that he did with the local central committee, rather than simply designate themselves as a candidate.

abrody@somdnews.com