http://www.examiner.com/a-1129976~AG_appeals_House_clerk_s_deposition_to_state_s_highest_court.html

AG appeals House clerk's deposition to state's highest court

Brian Witte, The Associated Press

The Baltimore Examiner, December 30, 2007

The Attorney General's Office is going to Maryland's highest court to try to block a deposition of the House of Delegates' chief clerk in a lawsuit seeking to invalidate taxes passed in last month's special session.

Attorneys representing Republicans want to question Mary Monahan, who records and validates House proceedings, about records kept during the session, which resulted in about $1.3 billion dollars in tax increases.

They contend the Senate adjourned too long without permission from the House, which they say violates the constitution.

A deposition has been scheduled for 4 p.m. Monday in Easton, said Irwin Kramer, who is representing the GOP. Kramer said the state is simply trying to keep the facts from becoming public.

"For me it shows the intense desire to silence the witness," Kramer said Sunday afternoon.

But Raquel Guillory, a spokeswoman for Attorney General's office said Monahan's testimony is not germane to the legislative process.

"We believe that the deposition is unnecessary, one, because of legislative privilege and, two, anything that she has to offer is irrelevant" to the results of the special session, She said.

The attorney general's office also plans to file a motion Monday to challenge a Republican effort to block the tax increases from going into effect this week, including an increase in the state sales tax from 5 percent to 6 percent.

Also this week, the tobacco tax is set to increase from $1 to $2, the vehicle titling tax will jump from 5 percent to 6 percent, and the certificate of title fee will increase from $23 to $50.

A 20 percent state admissions and amusement tax will kick in on net receipts from electronic bingo and tip jars in parts of western Maryland.

Three new income tax brackets will go into effect this week with rates between 5 percent and 5.5 percent that affect single filers who earn more than $150,000 and joint filers who make more than $200,000.

The state's corporate income tax also is headed upward from 7 percent to 8.25 percent.

Gov. Martin O'Malley called the special session specifically to get new revenues on the books as soon as possible to address a projected deficit of $1.5 billion for fiscal year 2009. He said the new revenues were needed to avoid severe cuts in government services.

Guillory said Sunday that a court stay on the new taxes would "cause undue hardship in the state."

Kramer has complained that Monahan has been elusive in the deposition process. Carroll County Circuit Court Judge Thomas Stansfield delayed a court hearing until Jan. 4 because Kramer had been unable to depose her after several attempts.