http://www.examiner.com/a-1124164~Court_delays_deposition_of_clerk_in_special_session_lawsuit.html

Court delays deposition of clerk in special session lawsuit

BRIAN WITTE, The Associated Press

The Baltimore Examiner, December 26, 2007

A panel of judges on Wednesday put the brakes on plans to depose the chief clerk of the Maryland House of Delegates in a Republican-led legal challenge to last month's special session of the General Assembly.

Republicans are charging that all laws resulting from the special session are invalid, because the Senate violated the state's constitution by taking too long of a break during the session without consent from the House. Democrats have described the allegation as frivolous.

GOP lawyers say Mary Monahan's testimony is essential to their case, and they claim the chief clerk has been eluding their efforts to depose her. Irwin Kramer, an attorney for Republicans, scheduled a deposition with her for Thursday in Tampa, Fla.

The attorney general's office then filed for an emergency motion to stop the deposition, pending an appeal. A three-judge panel on the Court of Special Appeals decided to delay the deposition until further order from the court.

Last week, Carroll County Circuit Judge Thomas Stansfield postponed the case until Jan. 4, after lawyers said they had not been able to obtain an on-the-record interview with Monahan after repeated attempts to contact her. The attorney general's office is trying to dismiss the case and has appealed to the Court of Special Appeals - Maryland's intermediate appellate court.

Republicans are basing their case on a provision in the state constitution that prevents one chamber of the General Assembly from adjourning for more than three days during a legislative session without permission of the other chamber. They say the Senate violated the rule, meaning that $1.3 billion in taxes signed into law, as well as legislation seeking a constitutional amendment to legalize slot machine gambling in Maryland, are invalid.

The lawsuit is trying to get the court to block higher taxes taking effect Jan. 1.