20060707 KDDC MD Court puts canning the PSC on hold

July 7th, 2006 at 1:55 PM.

Tom Stuckey, writing for the Associated Press reports that the MD Court of Appeals has put a temporary stop on the Maryland General Assembly firing the Public Service Commission.

Maryland State lawyers say that the Maryland General Assembly has the power to not only replace the Public Service Commission, but the august body even has the power to replace the replace judges of the Court of Special Appeals if it didn't like a ruling; saying: "As unpalatable as if may be, the legislature has that power," Berman replied."

The AP piece was placed on the Baltimore Sun's web site at 1:26 PM:

Md. court temporarily halts plan to fire PSC

Appellate judges say law cannot be enforced pending further order

By Tom Stuckey

The Associated Press

Originally published July 7, 2006, 1:26 PM EDT

"The five members of the Public Service Commission won a temporary reprieve today when the Court of Appeals issued an order enjoining the enforcement of sections of a bill passed last month to replace the current commission with new appointees.

The court's decision came in a two-paragraph order prohibiting replacement of the commission members "pending further order of this court."

Be sure to find the time to read the ENTIRE article. In a precious exchange, at the end of the article:

"Assistant Attorney General Michael Berman told the judges that the legislature has inherent authority to replace state employees. That power can only be limited by the state constitution, and there are no constitutional restrictions that would apply in the case of the Public Service Commission, he said.

"The General Assembly was addressing a problem, and the problem required ending the terms of the commission," Berman said.

Berman was questioned closely on how far the power extends to replace employees.

Could the General Assembly replace judges of the Court of Special Appeals if it didn't like a ruling, Bell asked.

"As unpalatable as if may be, the legislature has that power," Berman replied. (my emphasis)

He said if the legislature went too far in exercising its power, it could be reined-in by voters at the next election."

Read the rest of the article here.

Gee, if we could only get the all-powerful Maryland General Assembly to use that power for public good instead of serving themselves. Ah, for starters, perhaps they would consider replacing North Korean communist leader Kim Jong Il.

The opera that we know as the Maryland General Assembly continues to entertain.

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