“Dayhoff Westminster Soundtrack:” Kevin Dayhoff – “Soundtrack Division of Old Silent Movies” - https://kevindayhoff.blogspot.com/ combined with “Dayhoff Westminster” – Writer, artist, fire and police chaplain. For art, writing and travel see https://kevindayhoffart.blogspot.com/ Authority Caroline Babylon, Treasurer
Journalist @baltimoresun writer artist runner #amwriting Chaplain PIO #partylikeajournalist
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Showing posts with label MD Gen Assembly 2007 Fall. Show all posts
Showing posts with label MD Gen Assembly 2007 Fall. Show all posts
Final tax data from 2008 now proves what many predicted but had been strenuously denied by Democrats in Annapolis: Maryland’s high income earners are voting with their feet.
In calling a special session for the purpose of passing an historic tax increase less than a year after his election, Governor Martin O’Malley changed Maryland’s personal income tax from a flat rate to a graduated system with a surcharge on high income earners. During this 2007 special session, Republican Senators opposed these tax increases and forewarned that the net result would be revenue losses as this mobile segment of the population relocated their primary residences.
Wall Street Journal editorial writers agreed in a May 2009 opinion entitled “Soak the Rich – Lose the Rich” that described how the misguided budget policy of the O’Malley Administration would lead to outward migration of the very segment of the population that a state wants to keep for a healthy, progressive economy. In response, Democrats in Annapolis produced their own analysis attributing the loss of high income tax filers to the normal slack-off of annual returns.
Now the late filers have completed their returns and final numbers have been tallied. Instead of $106 million of new revenues predicted by O’Malley’s budget office, Maryland saw a decline of $257 million – for a total gap of $363 million. This is just part of the problem created by O’Malley that results in continuing out-year deficits over $2 billion each year.
In a follow-up editorial printed this week, the WSJ editors conclude: “We reported in May that after passing a millionaire surtax nearly one-third of Maryland's millionaires had gone missing, thus contributing to a decline in state revenues. The politicians in Annapolis had said they'd collect $106 million by raising its income tax rate on millionaire households to 6.25% from 4.75%. In cities like Baltimore and Bethesda, which apply add-on income taxes, the top tax rate with the surcharge now reaches as high as 9.3%—fifth highest in the nation. Liberals said this was based on incomplete data and that rich Marylanders hadn't fled the state. Well, the state comptroller's office now has the final tax return data for 2008, the first year that the higher tax rates applied. The number of millionaire tax returns fell sharply to 5,529 from 7,898 in 2007, a 30% tumble. The taxes paid by rich filers fell by 22%, and instead of their payments increasing by $106 million, they fell by some $257 million.”
Last November the Maryland General Assembly inadvertently installed a “Trojan Virus,” now named “SB2,” on the critically important Maryland technology industry.
Recently I had the opportunity to attend opening night of the Maryland Shakespeare Theater’s fast-paced, hilarious two hour production of the Bard’s complete works (abridged).
Registered FrederickCounty voters received a notice from the elections board last week: Enclosed was a list of candidates for federal jobs, including wannabe delegates to next summer's party conventions and the gang trying out for the Board of Education.
In all my years of teaching middle school mathematics, I’ve been exposed to many an “impossible” problem which can be solved by studying the pattern involved. Some people have been endowed by our Creator with the ability to notice, recognize, and apply such patterns to solve given problems. Most people, however, must be taught these skills.
The Florida Republican Primary contest is now behind us and it certainly was a watershed event. John McCain won large. Rudy Giuliani bowed out afterward despite having wagered heavily in that state, chock-full of retirees from New York. This may have been the arena where McCain’s age was a trump card. What does he face going forward?
Jennifer Dougherty and my columns have been through a lot. They supported her the first time she ran for mayor; then she thought she had the talents and temperament to make a good county commissioner. They sat out that one. In both instances, voters decided otherwise. The third time proved a charm although something else for other Fredericktonians.
Recently Gov. Martin O’Malley delivered the State of the State address to the applause of a Democrat-dominated General Assembly. In case you missed it, the speech was about 40 minutes of infomercial to which the press paid little attention. Here are a couple of nice highlight.
Okay! This is a first for me, so bear with me and I'll do my best to keep you informed in a fair and balanced way. Yeah, right! Like I don't have any opinions. That will be the day. Those who know me are now spitting out coffee all over their computer. Those that don’t will learn soon I’m not shy about opinions.
Last Thursday, former State Senator J. Robert Hooper, (R., Harford) passed away from colon cancer while surrounded by his family at his home in Street. He served in the Maryland Senate for nine years.
There are others out there: People who believed William Jefferson Clinton ranked some where close to Thomas Jefferson in ranking U.S. presidents by brain-power. I felt that way. Once again, the man is proving that intelligent does not equate to smart. His performance in his wife's campaign demonstrates how very dumb he can be.
My last column dealing with the presidential race broke down the GOP field and offered worthless advice, but no less worthy than the advice being offered by big whig media pundits. This week, the fickle finger of foolishness is pointing at the Democratic Party presidential wannabes. They’d be wise to duck.
WE GET LETTERS!
WE GET LETTERS!!! An Adamstown resident takes issue with Roy Meachum's column, posted last Tuesday, on the upcoming Maryland primary. CLICK HERE!!! CLICK HERE!
Calls for repeal of Computer Services Tax in State of the Treasury Speech
Bethesda, MD (January 18, 2008) - Emphasizing his independence and prudent fiscal stewardship, Maryland Comptroller Peter Franchot today offered a bleak assessment of the State's economic outlook, urged fiscal restraint and called for the repeal of the recently enacted sales tax on computer services. Fulfilling his constitutional mandate to report to the General Assembly on the financial health of the State, the Comptroller spoke to an audience of Maryland business, civic and political leaders in downtown Bethesda and warned of the negative impact the recently enacted tax package and a shaky economy could have on Maryland's families.
"It is no secret that the U.S. and Maryland economies enter the New Year on very shaky ground, and the conditions that define our current economic landscape provide cause for serious concern," Franchot said. "Economists are increasingly worried about the prospects of a national recession, and so am I."
The Comptroller noted that the collapse of the subprime mortgage industry has ended the most sustained housing boom of this generation, destabilized the Dow Jones and other U.S. financial markets, and has driven the U.S. economy into a period of profound uncertainty. In addition, U.S. and Maryland foreclosure proceedings recently rose to an all-time high. It has also been reported that housing construction fell in November by nearly four percent, with single-family home construction falling to its lowest levels in over 16 years. Earlier this week, the Commerce Department reported that U.S. retail sales actually declined in the month of December, thus capping the worst year in that sector since 2002.
The Comptroller also spoke out against the recently passed computer sales tax as an attack on the state's knowledge-based economy and called for its repeal before damage was permanently done to Maryland's information technology community.
"This technology tax, if allowed to stand, will erode Maryland's competitive advantage in the Knowledge-based economy. The computer services tax will take a disproportionate toll on those small and independently-owned businesses that are the backbone of strong communities," said Comptroller Franchot. "The last thing we need is another tax increase, especially one that will undermine our Knowledge-based economy and damage our long-term economic success."
During the speech, the Comptroller reviewed many of the new initiatives undertaken by the Office and highlighted many of the successes in 2007.
"During this past year, we have worked aggressively to reward those of you who faithfully pay your taxes by finding - and collecting - from those who do not," said Comptroller Franchot. "For example, last June, we launched a unique partnership with the U.S. Treasury Department that allows us to intercept federal vendor payments to satisfy state income tax liabilities...and vice-versa. This new "federal vendor offset" program - the very first of its kind in the nation - will bring in more than $20 million in the first year alone, and will ultimately allow us to recover millions in unpaid taxes owed to the State of Maryland, and level the playing field for those vendors who are currently playing by the rules."
Other highlights include:
Led the successful effort to disallow the 'captive' Real Estate Investment Trusts (REITs) deduction while working aggressively to identify and eliminate other tax avoidance efforts.
Fought to expand opportunity for minority and women owned businesses through the State of Maryland's Minority Business Enterprise (MBE) program.
Partnered with the Maryland Department of Agriculture in a year-long study to verify that gas is being stored at proper temperatures, as required by law. These quality controls will ensure that consumers will get a true gallon of gasoline for the dollar.
Worked vigorously to keep more than 50,000 packs of untaxed cigarettes and almost $175,000 worth of illegal beer, wine and distilled spirits off of our streets.
Collected over $1.4 million in delinquent sales and use taxes.
Streamlined the tax payment process through new online customer service innovations, such as Bill Pay.
Promoted the use of 'green' technology in public buildings and state vehicles as a way to save taxpayer money and protect Maryland's natural resources.
Established an Economic Advisory Panel, consisting of business leaders across the State, to advise the Board of Revenue Estimates on economic conditions that will affect revenue performance in the near-term future.
Worked with Treasurer Nancy Kopp and local educators to expand public awareness of the College Savings Plans of Maryland.
Spearheaded successful effort to diversify the State Retirement Agency's investment portfolio in order to maximize investment returns and reduce risk exposure.
Promoting Sound Economic Stewardship Acting in his role as the state's chief fiscal officer, Comptroller Franchot also focused on the uncertain economic climate that is affecting, not just the Maryland economy, but the national and global economies as well.
Comptroller Franchot urged the State to focus its economic growth strategies on high paying, high quality industries such as the life sciences.
"A State that was once defined by its billowing smokestacks and industrial assembly lines is powered today by the microscope and the microchip, and we are the better for it," said Comptroller Franchot. "The work that is being done today in research and testing laboratories across this State is redefining the limits of human understanding, and will ultimately save and improve countless lives. It has helped make Maryland the wealthiest state in the union without further degrading our open spaces or polluting the Bay."
He also cautioned against relying on future funding from unreliable and corrosive sources such as slot machines and expanded gambling.
"It is hard to believe that the great State of Maryland stands one step away from opening its door to the national gambling industry, and setting us on an economic course that is neither sound nor fiscally prudent," said Comptroller Franchot. "It has been proven, in state after state after state, that slot machines offer nothing more than false hope to desperate communities. They have destroyed families through addiction, bankruptcies and crime, and have left governments scrambling to cover their enormous social costs by any means necessary."
Looking to the future Reemphasizing his commitment to ramp up the Comptroller's Office, Comptroller Franchot unveiled several goals for the upcoming year, including implementation of a new tax gap initiative that could bring in tens of millions of new tax revenue annually.
"Looking forward to 2008 and beyond, I will be asking Governor O'Malley and our legislative leaders to support one of the most comprehensive tax compliance initiatives of recent years. Through our 'Tax Fairness Initiative,' we will bring our current tax collection technology into the 21st century, and make it harder for tax evaders to undermine our State's financing system. We will place additional auditors in the field and will be able to attract and retain capable professionals by offering them a reasonable salary," said the Comptroller.
Over the next four years, the Tax Fairness Initiative will generate $200 million in revenue, and once fully in place it will generate as much as $100 million every year. This is revenue that is currently owed the State, but is being sheltered or otherwise not being paid, a situation which hurts every Marylander because of the fundamental lack of fairness and the stress it puts on our State's finances. The Comptroller's additional goals for 2008 include:
Level the playing field for law-abiding citizens and business by aggressively enforcing compliance with the tax laws of the State.
Continue to promote a statewide vision for the life sciences industry as the long-term economic engine for Maryland.
Work with a broad grassroots coalition to repeal Maryland's tax on computer services, which will undermine our State's competitive edge on the Knowledge-based economy and sends the wrong message about our business climate.
Work with a broad grassroots coalition to defeat the slots referendum, which represents a step backward for our state and diminishes our standing as a leader in the Knowledge-based economy.
Pursue legislation to enact new initiative which would collect up to $100 million annually in unpaid taxes by modernizing the agency's tax collection system, hiring additional auditors, and attracting and retaining the most qualified tax collectors.
Work with partners on the Board of Public Works to ensure that the state meets its stated goal of 25 percent MBE participation.
Work with Governor O'Malley, Treasurer Kopp and Natural Resources Secretary John Griffin to implement a more balanced and systematic approach to investing Program Open Space (POS) dollars.
To read the full version of the Comptroller's State of the Treasury Address, please log on to the Comptroller's website at www.marylandtaxes.com.
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Contact: Joe Shapiro, 410-260-7305, office; 443-871-2244, cell
An appeal of CarrollCounty Circuit Judge Thomas Stansfield's dismissal of the lawsuit was filed Monday afternoon in CarrollCounty Circuit Court.
[…]
Five Republican legislators and a CarrollCounty businessman are appealing a judge's decision that there was no merit to a lawsuit seeking to overturn the results of November's special session of the General Assembly.
[…]
I’ve pasted the Notice of Appeal below:
IN THE CIRCUITCOURTFORCARROLLCOUNTY
MICHAEL D. SMIGIEL, SR., et al.
Plaintiffs
v.
PETER FRANCHOT, et al.
Defendants
Case No.: 06-C-07-049648
NOTICE OF APPEAL
Notice is hereby given that Plaintiffs Michael D. Smigiel, Sr., John C. Pardoe, David R. Brinkley, Allan H. Kittleman, Anthony O'Donnell, and Christopher Shank, by Irwin R. Kramer, their attorney, appeal to the Court of Special Appeals of Maryland from the judgment entered in favor of Defendants on January 10, 2008 by the Circuit Court for Carroll County, Maryland, as
reflected in the Circuit Court’s Opinion and in its Declaratory Judgment of that same date.
/s/
_________________
Irwin R. Kramer
KRAMER & CONNOLLY
Suite 211
500 Redland Court
Owings Mills, Maryland21117
(410) 581-0070
Counsel for Plaintiffs
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 14, 2008, a copy of the foregoing was sent via email attachment (by agreement of counsel) to:
Photo: Westminster, Md. - Members of the media gather around Owings Mills attorney Irwin Kramer, in front of the historic Carroll County Courthouse after last Friday’s hearing over a lawsuit brought by five Republicans and a businessman from Carroll County, which questions the legitimacy of Maryland's November special session.Behind Kramer are Maryland Senators Brinkley and Kittleman and Maryland Delegates O’Donnell, Smigiel and Shank.Friday, January 4, 2008 photo by Kevin Dayhoff
_____
Smigiel vs Franchot
January 7, 2008 by Kevin Dayhoff
I attended the hearing Friday, January 4th, 2008 in Carroll County Circuit Court for the oral arguments in the special session lawsuit: Case No.: 06-C-07-0496648: Michael D Smigiel Sr, et al vs Peter Franchot, et al., which seeks to invalidate the legislation passed in the Maryland General Assembly’s 22-day special session that ended November 19.
The plaintiffs in the suit are Senate Minority Leader David R. Brinkley (R-Dist. 4) of New Market; Senate Minority Whip Allan H. Kittleman (R-Dist. 9) of West Friendship; House Minority Leader Anthony J. O’Donnell (R-Dist. 29C) of Lusby; House Minority Whip Christopher Shank (R-Dist. 2B) of Hagerstown; Del. Michael D. Smigiel Jr., the House minority parliamentarian; and John Pardoe, the owner of Byte Right Support of Baltimore.
WJZ TV, Channel 13 in Baltimore, had the best video coverage (http://wjz.com/video/?cid=5) of last Friday’s historic oral arguments.To find this and other news videos of breaking Maryland news, go to: http://wjz.com/video/?cid=5.
The suit filed on December 13 was lost in the shuffle for many as the regular season of the National Football League drew to a close; Baltimore Raven’s Coach Brian Billick joined the ranks of Maryland’s 3.5 percent unemployed; and many were getting ready for Christmas or Hanukah.
The Circuit Court case names as one of the defendants Maryland Comptroller Peter V. R. Franchot, who ironically was very vocal in opposition to the special session called by Maryland Governor Martin O’Malley on October 15.
Comptroller Franchot, scathingly wrote on October 23, in part, in his ongoing campaign for Maryland governor in the 2010 gubernatorial election; “As Maryland's chief fiscal officer, however, I must question the timing and necessity of this approach.Mindful of the reservations each of you has expressed about a special session, I must underscore the profound - and perhaps unintended - consequences of this undertaking on Maryland's economy, business climate, and quality of life, and to caution against acting in haste.”
In addition to Comptroller Franchot, the other defendants are the Department of Health and Mental Hygiene, the Maryland Health Care Commission, the Health Services Cost Review Commission, acting Secretary of State Dennis C. Schnepfe, the Maryland State Board of Elections, and the Carroll County Board of Elections.
The lawsuit alleges that the General Assembly did not follow constitutional procedure, and therefore, the sales tax, which was expanded to include computer services and the increases to the state’s sales, income, corporate, tobacco and vehicle-titling taxes are invalid:
House Bill 1, Chapter 2: Budget Reconciliation Act; Senate Bill 2, Chapter 3: Tax Reform Act of 2007; Senate Bill 3, Chapter 4: Maryland Education Trust Fund – Video Lottery Terminals; House Bill 4, Chapter 5: Video Lottery Terminals – Authorization and Limitations; House Bill 5, Chapter 6: Transportation and State Investment Act; and Senate Bill 6, Chapter 7: Working Families and Small Business Health Coverage Act.
If you have not had an opportunity to visit the courtroom on the second floor of the 1838 “Greek Revival” courthouse on Court Street in Westminster, please do so at your next opportunity.If it were not for the fact that the room does not have a back balcony, and the wooden floors are now carpeted, one could easily conjure up visions of the courtroom scenes in Harper Lee’s classic Pulitzer Prize winning 1960 southern gothic, “To Kill a Mockingbird.”
I went to the hearing with an open mind, however, like many, in December I had my reservations about the strength of the case being brought forward by the plaintiffs when the suit was initially filed.Then as I got away from the coverage of the elite media and began to examine the primary source documents, I began to see the “there - there.”
Actually several dynamics turned me around on the plaintiff’s case.My initial analysis continued to change once the Attorney General’s office began to pitch a fit about deposing the chief clerk of the House of Delegates, Mary Monahan – who has a reputation as a straight-up person. It is my understanding from anecdotal accounts that she was perfectly willing to testify…
Then came the transcript of her testimony, which is a must read for anyone interested in the case.
Concurrently, there were the acidic public comments from some of the main players.For example, Senate President Thomas V. Mike Miller Jr. called the suit ‘‘bungled legal reasoning and frivolous,” according to Doug Tallman, writing for the Gazette.
The next shoe dropped when the Baltimore Sun published the Maryland Democrat Party’s talking points, in a most unfortunate editorial on January 2nd, 2008, “Much ado about nothing.”It was a “Hail Mary” pass in an attempt to replace the law by plebiscite and populism.
It was with that editorial that I realized that Maryland Democrats and the state had resigned themselves that the lawsuit was on firm legal footing as it was anticipated that they will lose.Please read the following excerpt.I did not make it up.
Yet even as the new rates settle in (changes to most, such as the income tax, are already in effect while the extra penny in the sales tax arrives tomorrow), a bit of uncertainty is still hovering in the air. That's because a lawsuit filed by Republicans seeking to undo the bills approved by the General Assembly during November's special session remains pending before the courts.
It's fair to oppose new taxes - although tax opponents are usually loath to own up to the adverse impacts of such a stance - but there's been ample opportunity to express dissent. There was plenty of debate in the House and Senate. Amendments were offered, some adopted and some not. Votes were taken. Ultimately, Gov. Martin O'Malley signed the various pieces of legislation into law - in front of witnesses, too.
But the lawsuit would seek to scrap all of it for the flimsiest of reasons. The entire case centers on an obscure provision in the state constitution that says lawmakers in one chamber cannot adjourn for more than three days without a vote of assent from those of the other.
Leave aside whether that happened or not in this instance; why is this even a requirement? Here's the historic context: It's meant to prevent members of the Senate or House of Delegates from leaving town before the government's business is done. That was never at issue in this case. It's much ado about nothing. Republicans might as well be litigating the stock of paper used for bills or the Senate's opening prayer.
Reread it.After one digests what the Baltimore Sun wrote, the only conclusion is that so what if the Maryland Constitution was violated, the taxes are a good thing…
As the hearing evolved, the mood of the room seemed to swing in the direction of Irwin Kramer, the Owings Mills attorney representing the plaintiffs, as he as he forcefully articulated his case.
Austin Schlick, head of the Maryland attorney general's civil litigation division, representing the state of Maryland and Irwin Kramer, the Owings Mills attorney representing the five Republicans and a businessman from CarrollCounty who filed the lawsuit; advocated their client’s positions on what constitutes the “consent” as required by the Constitution.
The State’s case, on the other hand, seemed to falter on the law.The State’s presentation deteriorated and appeared disingenuous, if not circuitous, and ultimately began to fall back upon arrogance and politics – a point of which the judge seemed to have no tolerance.It was not Austin Schlick’s day.
At issue is whether or not the Senate obtained the appropriate consent of the House in order to adjourn for more than three days as required by Article III, Section 25.
Senate President Thomas V. Mike Miller Jr. told senators on November 9, they would return to work on Nov. 13; however, it was later decided that the Senate not reconvene until November 15.
As a result all the legislation that followed, in the 22-day session which mercifully ended on November 19, should be ruled legally invalid.
Many of us clearly recalled when Delegate Smigiel (R-Dist. 36) of Elkton rose on the House floor and brought the Senate’s six-day adjournment to the attention of the House Parliamentarian, Del. Kathleen M. Dumais.
Incredibly, the Parliamentarian promptly produced a letter from Assistant Attorney General Kathryn Rowe which said that the work of legislature could proceed.This, in spite of Article III, Section 25, which states clearly: “Neither House shall, without the consent of the other, adjourn for more than three days, at any one time, nor adjourn to any other place, than that in which the House shall be sitting, without the concurrent vote of two-thirds of the members present.”
The state hinged its argumentation on two points, one the legislature may make its own rules and pleaded that the consequences of ruling invalid the increases to the sales, income, corporate, tobacco, and vehicle titling taxes.
Mr. Irvin Kramer responded effectively that the legislatures’ own rules invalidate the subsequent bills enacted after the Maryland Senate took a five-day break, without the appropriate consent from the House.
Furthermore, as was revealed in the deposition of chief clerk of the House of Delegates; the consent never could have occurred because the delegates were never given a chance to debate the consent.
Perhaps now we understand why the Attorney General’s office tried so hard to prevent the chief clerk from being deposed…
At the hearing last Friday, Schlick repeatedly attempted to argue that nullifying the $1.5 billion in increased taxes would place the state in financial peril and cause “extraordinary harm.” The judge sustained Mr. Kramer’s objections to this testimony, not once but twice, saying that matter was not before the court.
Lost in the reporting on the lawsuit by the elite media is the focus of the second constitutional test which contests the General Assembly decision in HB 4, Chapter 5 (Exhibit P) andSB 3, Chapter 4 (Exhibit O), to refer the contentious issue of slots to referendum this coming November in violation of Article XVI, Section 2, of the Maryland constitution.
As an aside, editorializations by elected officials and the elite media “to let the voters decide the issue of slots,” has always been the source of amusement by those of us who have studied the Maryland Constitution.Yes, it’s a great idea.However, in Maryland, there’s only one small problem; it is unconstitutional.
The plaintiff’s December 13 memorandum alleges that the legislation to refer the issue of slots to referendum was an effort “To avoid a lengthy and rancorous debate on slot machines, (in that) the Legislature attempted to shift their work on this controversial revenue plan to the public at large.”
“Though some issues may be referred to voters, the Constitution prohibits the referral of revenue and appropriations bills for maintaining the State Government or other public institutions.”
Article XVI, Section 2 of the Maryland constitution clearly states: “No law making any appropriation for maintaining the State Government, or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject to rejection or repeal under this Section.”
This latest lawsuit is yet another in a series of awkward interactions between Maryland’s august legislative branch and Maryland’s judiciary.The two branches of government have been waging a low-grade guerilla war with one another for years, which has usually only been the topic of esoteric scholarly conversations between academics.
The “Wal-Mart bill” which violated the “Employee Retirement Income Security Act,” which governs worker health care plans, led the way.With more than ample case law to support the decision, it was quickly dispatched by a well-respected U. S. District Court judge, who easily understood that federal statute governs employee health care benefits.
Next, in August 2006, another highly respected member of the bench, Anne Arundel Circuit Court Judge Robert Silkworth struck down General Assembly’s (vote early and vote often) “early voting law.Duh, the Maryland Constitution says, in part: “…All general elections in this state shall be held on the Tuesday next after the first Monday in the month of November ...”No rocket science here.
One of the strongest judicial rebukes came on September 14, 2006, when the Maryland Court of Appeals, ruled unconstitutional the General Assembly’s legislation to fire the Maryland Public Service Commission.In its ruling the court said that the legislature’s attempt to seize authority otherwise relegated to the executive branch to be “… repugnant to the Maryland constitution.”
Ay caramba.Memo to the Maryland General Assembly, when all else fails, read the constitution.Help is available by any first year law school student – or even a local Boy Scout getting his citizenship and government badge.
Meanwhile, the judge, of whom I have known for many years, is a straight arrow and known to be a Maryland constitutional and historical scholar. After two hours of courtroom deliberations, Carroll County Circuit Court Judge Thomas F. Stansfield announced he would review the entire record in the context of the just-presented oral arguments and issue a written opinion as soon as possible with the understanding that the regular General Assembly session begins January 9th.
I’m not a lawyer, but I do have some insight into the Maryland Constitution, its history and the legislative rules and procedures involved.I walked out of the courthouse with a feeling that the plaintiff’s made their case – and the state did not.
[Also, be sure to read “Lawsuit Conclusion,” posted Sunday, January 6, 2008 by David K. Kyle on “The Candid Truth.”Mr. Kyle has followed the lawsuit studiously.Click here: GOP Lawsuit, to view his excellent coverage.
My hypothecation is that the ruling will narrowly confine itself strictly to the matters of law and will not get anywhere near legislating from the bench.
Furthermore, with the understanding that whatever is decided, it will be appealed, comes a greater burden for the Carroll County Circuit Court Judge.It will serve this judge well to concisely and definitively focus the matters of law before it so as to provide the higher courts the foundation with which to work.
This case is a constitutional test that will live in the judicial annals long into the future, and long after the politics of the day are forgotten.The decision at this level of the judiciary needs to be one of the best decisions this judge could possibly write.My guess is that he will not disappoint.
Ultimately, the case will be decided at the state’s highest court – where the Maryland General Assembly has not fared well in recent years.
For good newspaper coverage of the Special Session Lawsuit Case No.: 06-C-07-0496648: Smigiel vs Franchot:
Whatever folks want to say about the mainstream media, Maryland has some great writers out there who call it as they see it and do not write articles based on a pre-determined agenda or ideology. Folks like Doug Tallman with the Gazette (along with several of the other statewide beat writers at the Gazette.)
Or spend sometime with Liam Farrell with the Maryland Gazette or Len Lazarick with The Examiner or Tom LoBianco with the Washington Times.
These are just a few writers that come quickly to mind; perhaps some other bloggers have other writers in mind.
CONSTITUTIONAL CHALLENGE TO SPECIAL SESSION LEGISLATION
Michael D. Smigiel, Sr., et al. v. Peter Franchot, et al.
Given the number of requests for copies of pleadings, we are placing those that have been filed in connection with this constitutional challenge below and will update as new pleadings are filed:
By Tom LoBianco - ANNAPOLIS — Instructions from Maryland's Senate president appear to contradict House documents made public as part of a court challenge seeking to overturn tax increases approved during the recent General Assembly special session.
The documents, obtained by The Washington Times, cast new importance on the deposition of the chief clerk of the House of Delegates, Mary Monahan, and could bolster claims that the House Journal may have been doctored to avoid running afoul of the state constitution.
Meanwhile, Maryland's highest court yesterday denied a third attempt by the state to prevent Mrs. Monahan from testifying. Her deposition is tentatively scheduled for tomorrow morning in Annapolis.
Five Republicans and a CarrollCounty businessman filed the lawsuit seeking to invalidate the special session last month and have dueled with the state through the holidays to obtain Mrs. Monahan's testimony.
The lawsuit hinges on whether the Senate obtained consent from the House to adjourn for more than three days. It is based on a provision in the state constitution that says neither the Senate nor the House may adjourn for more than three days without the other chamber's consent.
On Nov. 9, Senate President Thomas V. Mike Miller Jr. told senators they would return to work on Nov. 13, according to an audio recording of the Senate proceedings obtained by The Times.
For good newspaper coverage of the Special Session Lawsuit Case No.: 06-C-07-0496648: Smigiel vs Franchot:
Whatever folks want to say about the mainstream media, Maryland has some great writers out there who call it as they see it and do not write articles based on a pre-determined agenda or ideology.Folks like Doug Tallman with the Gazette (along with several of the other statewide beat writers at the Gazette.)
Or spend sometime with Liam Farrell with the Maryland Gazette or Len Lazarick with The Examiner or Tom LoBianco with the Washington Times.
These are just a few writers that come quickly to mind; perhaps some other bloggers have other writers in mind.
Republicans Call on Attorney General to Request Investigation of Special Session Actions
For Immediate Release
January 3, 2008
Annapolis – Republican leaders in the House and Senate today called upon Attorney General Douglas F. Gansler to request an investigation by the State Prosecutor into actions taken by the House and Senate during the 2007 Special Session that violated Maryland’s Constitution.
“This is a matter of government transparency and the integrity of the State’s Constitution,” said House Minority Leader Anthony O’Donnell. “The Attorney General’s office is too vested in defending this issue and cannot objectively seek the truth in a non-adversarial role. They are engaged in representing the interests of their client”.
“In accordance with section 9-1203 of the State Government Article, we call upon the Attorney General to request an investigation by the State Prosecutor”, said Senate Minority Whip Allan Kittleman. “The State Prosecutor is an independent agency with no vested interest in the outcome of this investigation. They can conduct a fair and objective inquiry into what occurred.”
“The State Prosecutor’s Office was created with a mind towards preserving the integrity of government,” said House Minority Whip Christopher B. Shank. “They have both the resources and the mandate to determine the facts and appropriate course of action. The citizens of Maryland deserve to know the full, unbiased truth related to all of these matters and their government.”
How do you ship 5,000 two-foot live Christmas trees to a war zone? Early last Saturday morning over 300 volunteers figured it out as they braved the wind and cold and turned out for “Operation Christmas Tree” at the CarrollCountyAgricultureCenter.
[…]
Just as a forklift whizzed behind us, Jim Ward explained that this all began last year when his family decided to send his daughter, Specialist Luisa Gonzalez, an Army medic deployed in Iraq, a decorated live, five-foot Christmas tree.
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Just then Mr. Ward looked up to answer a question from the national office of Fox News Channel. Fox will be airing the story nationwide on Christmas. As soon as he finished with Fox News, Mark Simkin with the Australian Broadcast Network popped into the tent with a videographer.
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At the suggestion of 6th District Congressman Roscoe Bartlett, Operation Christmas Tree has teamed up with the Armed Forces Foundation, a registered non-profit in Washington, started in 2001, to collect donations for this project.
The foundation’s honorary board of directors includes over 150 members of Congress and 96.5 percent of all “outside donations (go) directly to military families…,” according to Lindsey Brothers.
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Patricia Driscoll, president of the foundation, said that the Armed Forces Foundation has a broad range of programs for military families “and this is one of our favorites.” Other services include helping pay for hotel rooms for families of wounded troops in the hospital.
To commemorate World AIDS Day last Friday, President George W. Bush and his wife Laura met with representatives of faith-based groups in a roundtable discussion at CalvaryUnitedMethodistChurch in MountAiry.
In yesterday’s column I wrote that with the passage of this tax package by the General Assembly, there are now more than ever two Marylands: a rural Maryland that exists to provide quality of life and common sense for the other Maryland – the urbanized areas where reason and common sense have taken a holiday.
The ink had hardly dried on Gov. Martin O’Malley’s signature on November 19 when the peripatetic gerbils powering the Maryland media spin machines went into high gear.
