http://www.examiner.com/a-1131443~Md__high_court_denies_stay_on_clerk_s_deposition_in_lawsuit.html

Md. high court denies stay on clerk's deposition in lawsuit

BRIAN WITTE, The Associated Press

The Baltimore Examiner, December 31, 2007

Maryland's highest court denied a request by the attorney general's office on Monday to block a deposition of the chief clerk in the House of Delegates in a legal case brought by Republicans seeking to nullify last month's special session of the legislature.

The attorney general's office asked the Court of Appeals to prevent Mary Monahan from having to talk to lawyers who are representing Republicans in the lawsuit. The court's ruling means Monahan will have to take part in the deposition on Wednesday or Thursday.

A 4 p.m. deposition in Easton on Monday was canceled by Monahan's attorney after the attorney general's office asked the Court of Appeals to consider issuing an emergency stay on the deposition.

Lawyers for the state argued that a Carroll County Circuit Court order requiring the deposition "creates the possibility of a conflict of constitutional dimension between the powers of the judiciary and the privileges of the legislature."

But attorneys for the GOP say Monahan shouldn't be able to dodge their questions.

Carroll County Circuit Judge Thomas Stansfield has ordered that the deposition occur before a Jan. 4 hearing in Westminster.

Republicans have focused on Monahan, who records House proceedings. Attorneys say Monahan has been eluding their efforts to depose her, and they want to ask her what she knows about the timing of various entries in the House journal, which chronicles official events during the legislative process.

The GOP is basing its case on a constitutional provision 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. Republican attorneys say the Senate violated the rule. As a result, they say the violation should invalidate $1.3 billion in taxes signed into law last month, as well as a referendum planned next year for voters to decide whether to approve a constitutional amendment to legalize slot machines.

Democrats have been saying the lawsuit is a frivolous attempt to pull the rug out from under the legislative process.

The attorney general's office also has filed a legal motion in Carroll County to challenge a Republican effort to stop new tax increases from going into effect this week, including a state sales tax hike from 5 percent to 6 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 $1.7 billion, saying the new revenues were needed to avoid severe cuts in government services.