Absence of Witness Delays Republican Legislators' Lawsuit

A legal effort by Republicans to derail tax increases passed during last month's special session of the Maryland General Assembly was prolonged yesterday as plaintiffs complained that they have been unable to locate a key witness.

A Carroll County judge postponed a hearing until Jan. 4, after several of the tax increases are scheduled to take effect. The ruling came after Irwin R. Kramer, an attorney for several Republican legislators, claimed that Mary Monahan, the chief clerk of the House of Delegates, had become "a fugitive from justice."

Kramer would not say what evidence Monahan might provide. The Republicans contend that legislation passed in the special session should be invalidated because the Senate adjourned for too many days without proper consent of the House.

Democratic legislative leaders and their lawyers from the Maryland attorney general's office have said the suit is frivolous and argued yesterday that Monahan's testimony is irrelevant. Assistant Attorney General Austin C. Schlick told reporters that the legislature is considered the judge of its own processes.

Kramer detailed repeated attempts Tuesday and Wednesday to locate Monahan for a deposition, including two appearances at her home and at the State House in Annapolis on a day that co-workers said they expected Monahan to be there.

Kramer said he later learned from a lawyer who said he is representing Monahan that she had left the state and will not be back until after the holidays. "We're getting stonewalling when we really need answers to this case," Kramer said.

Neither Monahan nor David R. Thompson, the lawyer said to be representing her, could be reached yesterday.

Alexandra M. Hughes, a spokeswoman for House Speaker Michael E. Busch (D-Anne Arundel), said that Monahan and others in the House clerk's office work part time when the legislature is not in session and that it is not unusual for employees to take vacations around the holidays. She said she did not know where Monahan was.

Circuit Court Judge Thomas F. Stansfield said he was "rather disturbed" about the lack of a deposition from Monahan, which he said could have "great bearing" on the case.

During the special session, called to close a budget shortfall, lawmakers overhauled the state income tax structure and passed increases in the sales, corporate income, tobacco and vehicle titling taxes.

The Republicans' suit was filed in Carroll County because one of the plaintiffs owns a computer services firm there. During the session, lawmakers voted to apply the sales tax to computer services.

Whatever the Carroll County judge decides, the ruling is expected to be immediately appealed.

Schlick argued against the request for a delay in the case, saying it was in everyone's interest to resolve the tax issues. Employers will be affected by the income tax law Jan. 1, he said, and a 1-cent increase in the sales tax takes effect Jan. 3.

Kramer said that he agreed the case should be resolved quickly but that it was more important to present the judge with a full record.