THURSDAY: Death Penalty Vote in Maryland Senate Judiciary // PREDICTIONS: Sen. Bobby Zirkin = Key Swing Vote & More!

With a key vote coming on Thursday, Maryland Juice decided to provide an update on the effort to repeal the death penalty in the Free State. If a majority of State Senators support an end to executions in Maryland, Senate President Mike Miller promised he would find a way to bring the measure to the floor for a vote by the full membership. And though a sufficient number of State Senators have now indicated they will support repeal, the dynamics and backstories are not as simple as it would seem. Below we highlight a few elements of the complicated legislative maneuvering going on in Annapolis:

• STEP 1: PASS REPEAL IN SENATE JUDICIARY (AKA CONTACT SEN. BOBBY ZIRKIN)
• STEP 2: PASS REPEAL ON SENATE FLOOR WITHOUT AMENDMENTS
• STEP 3: PASS SAME REPEAL BILL IN HOUSE WITHOUT AMENDMENTS
• STEP 4: HIRE A GOOD LAWYER (NOT ATTY GENERAL DOUG GANSLER)

STEP 1: PASS DEATH PENALTY REPEAL IN SENATE JUDICIARY (AKA CONTACT SEN. BOBBY ZIRKIN NOW) - The reason why Mike Miller's intervention was thought to be necessary for death penalty repeal to advance is that the bill is originating in the Maryland Senate's Judicial Proceedings Committee, where it has always faced an uncertain fate. So if a majority of Senators wanted to get rid of the death penalty but simply couldn't get the judiciary committee to release the bill, Miller promised to intervene and bring the measure for a floor vote. We never heard what legislative tactic Miller would employ to achieve this result, but there is now a good chance death penalty opponents may not need to bypass the Senate judiciary after all. But this all depends on whether or not State Senator Bobby Zirkin will join death penalty repeal opponents.

JUDICIARY WHIP-COUNT? - Indeed, there will be a vote on repeal in judiciary this Thursday, and it is currently unclear what will happen. But if the whispers Maryland Juice hears are correct, a likely snapshot of the current committee whip-count on death penalty repeal is as follows:

POTENTIAL SUPPORTERS OF DEATH PENALTY REPEAL ON SENATE JUDICIARY:

1. Sen. Jennie Forehand (DEM)
2. Sen. Brian Frosh (DEM)
3. Sen. Lisa Gladden (DEM)
4. Sen. Anthony Muse (DEM)
5. Sen. Jamie Raskin (DEM)

POTENTIAL OPPONENTS OF DEATH PENALTY REPEAL ON SENATE JUDICIARY :

1. Sen. Jim Brochin (DEM)
2. Sen. Joseph Getty (GOP)
3. Sen. Nancy Jacobs (GOP)
4. Sen. Chris Shank (GOP)
5. Sen. Norm Stone (DEM)

ON THE FENCE:

1. Sen. Bobby Zirkin (DEM)

SEN. BOBBY ZIRKIN UNDECIDED ON DEATH PENALTY REPEAL // CONTACT HIM ASAP - Maryland Juice visited the Senate Judicial Proceedings Committee last week and had the opportunity to discuss death penalty repeal face to face with State Senator Bobby Zirkin. He indicated that he is undecided on the issue and apparently, his wife and rabbi are lobbying him to support death penalty repeal. Maryland Juice encourages those who want to end executions in Maryland to contact State Senator Bobby Zirkin ASAP and explain your feelings on the issue:

Sen. Bobby Zirkin
bobby.zirkin@senate.state.md.us 
(410) 841-3131

STEP 2: PASS DEATH PENALTY REPEAL ON SENATE FLOOR WITHOUT AMENDMENTS - Let's get real about death penalty strategy for a second. Right now, we have the votes in the Senate to pass a repeal bill, assuming that the bill can make it to the floor for a vote. There are currently two routes to advance the bill in the Senate: a) pass it in the Judiciary committee, or b) Sen. Mike Miller intervenes and finds a way to send it to the floor. For many reasons, it is far preferable to have the repeal bill advance through Judiciary than to have to rely on the assistance of Mike Miller. Remember that Sen. Mike Miller is a supporter of death penalty executions and will likely try and tamper with (aka amend) the bill before seeing it through to its destined passage.

SEN. MIKE MILLER TRYING TO SABOTAGE DEATH PENALTY REPEAL? - Even while he pledged to "allow" the bill to be voted on by the full body, Senate President Miller predicted that the death penalty ban would be petitioned to a referendum. What he didn't mention is that he was planning on intervening to try and increase the likelihood of a 2014 referendum on the death penalty. WAMU reported on Miller's backdoor efforts to subject death penalty repeal to a popular vote in 2014. Indeed, Miller is trying to placate the progressive majority in his caucus while undermining their efforts at the same time (excerpt below):

WAMU: ...Senate President Mike Miller, a supporter of the death penalty, expects a repeal of it to pass his chamber this year — something that did not happen when the measure last made it to the Senate floor in 2009 — getting to that point is still not a guarantee.

A part of this year's bill includes an appropriation, which means it wouldn't be able to petitioned to a ballot referendum for voters to decide, and Miller wants that changed.

"It's a subterfuge to avoid having it petitioned to referendum," Miller says. "And, although I don't like to see bills petitioned to referendum, I don't believe in trying to thwart the constitution and the laws of the state which allows for petitioning to referendum...."

MIKE MILLER WANTS TO STRIP FUNDING FOR CRIME VICTIMS OUT OF DEATH PENALTY REPEAL BILL - What's going on here is that in Maryland, residents can subject laws passed by the state legislature for repeal votes -- but only if they do not concern appropriations. Whether a law is sufficiently about "appropriations" to prevent it from being petitioned to a popular vote is a subject of great debate. But some are skeptical that dedicating the taxpayer savings from death penalty repeal to crime victims is sufficient for the bill to avoid a referendum. Indeed, this matter would need to be heard by a court in Maryland to decide on this issue.

As a result, Sen. Mike Miller wants to remove funding for crime victims from the death penalty repeal bill. He is willing to engage in such an underhanded and callous tactic in order to foreclose the very small possibility that Maryland courts might invalidate an effort to subject death penalty repeal to a popular vote.

If you agree with me that Maryland's death penalty represents:

1. murder by state government employees paid for with our tax dollars
2. an ineffective crime deterrent & an expensive way of expressing our feelings
3. a symbol of humanity's vengeful & violent side, unbefitting of codification into law

...then hopefully you understand why the idea of subjecting a ban on murder by the state government to a majority vote seems a bit distasteful. After all, when philosophers and social scientists ruminate on the pros and cons of the initiative and referenda processes in various states, they often fear the effects of so-called "mob rule." But in this instance, Miller literally wants to preserve the right of the pitchfork mob to execute prisoners (using state employees and resources). 

SENATE PRESIDENT TRYING TO UNDERMINE HIS OWN CHAMBER'S POWER TO LEGISLATE? - It may well turn out that we are heading to a death penalty referendum in 2014, especially if the GOP activists again decide to spend their time working on distasteful causes. But the idea that the Senate President would facilitate such a diminution of his own Chamber's powers is perplexing and disappointing. The bloodlust is strong in our Senate President.  Death penalty repeal advocates will need to stop Miller and his allies from trying to amend the bill. All signs indicate they will try and alter the legislation in ways that will increase the likelihood of the effort being subjected to a popular vote. This in turn means that advocates like myself will end up spending countless hours fighting the pitchfork mob in 2014. There are better things we can be working on, so please help prevent this scenario from unfolding. Tell your Senators to support the repeal bill without negative amendments.

MIKE MILLER ALREADY PLANNING DEATH PENALTY EXPANSION AFTER 2014 - It seems absolutely clear that Miller is just going through the motions on death penalty repeal, given that the Senate President is already plotting ways to expand the death penalty in Maryland. The Associated Press (via WBOC) recently reported on Miller's plans to make the death penalty more likely to execute innocent people in Maryland (excerpt):

AP: In 2009, lawmakers decided to restrict the death penalty to murder cases with DNA evidence, videotaped evidence or a videotaped confession.

If voters end up rejecting repeal, Miller says the law should be changed to allow capital cases with fingerprinting or photographic evidence as well.

Last month the College Park Patch also reported that Miller wanted to expand the types of crimes eligible for the death penalty in Maryland. Their coverage gives a taste of the types of ridiculous amendments Miller may try and make for the death penalty repeal bill (excerpt below):

COLLEGE PARK PATCH: While some Maryland legislators want to debate the repeal of the death penalty there is one category of murder Senate President Thomas V. Mike Miller would like to add to the list of capital punishment eligible cases.

Miller said Wednesday that he'd like to expand the add teacher killers to the list.... Miller said he has six sisters who are teachers.... "So when we take up this bill, I'd like to see [teacher killers] added to the list of prescribed penalties," Miller said....

STEP 3: PASS DEATH PENALTY REPEAL IN THE HOUSE - Once death penalty repeal passes in the Senate, we'll have to repeat this whole saga in Maryland House of Delegates. But let's park that discussion for now.


STEP 4: HIRE A GOOD LAWYER (NOT ATTORNEY GENERAL DOUG GANSLER) - So let's say we are able to pass death penalty repeal out of the Senate's judiciary committee; and let's further imagine that we are able to preserve funding for crime victims in the bill. Let's also assume that an identical bill passes in the Maryland House.

At this point, there will be a decent chance that Republican activists will try and subject death penalty repeal to a referendum in 2014. In that case, those who support repeal will need a good attorney to argue that the repeal bill is not subject to referendum. Unfortunately, the chief lawyer for the State of Maryland cannot be trusted to argue this case. Indeed, Attorney General Doug Gansler is a supporter of the death penalty, and at last check Gansler was arguing that he could make the death penalty not be applied in a racist manner.

Good luck stamping out racial bias within juries, between neighborhoods and in the exercise of prosecutorial discretion! If Gansler can solve those human problems, then he may deserve a Nobel Peace Prize, rather than the Maryland Governor's mansion.  

#NotHoldingMyBreath

JUICEBLENDER - Pundits Pick Political Winners: O'Malley, Mizeur, Raskin, Hucker // Plus, Harford Exec for 2014 Gov?

Here's a random blend of political tidbits from the current news cycle, starting with an analysis of potential fallout from Maryland's current budget standoff:

JUICE #1: SENATE PREZ MIKE MILLER HARMS DEMOCRATIC BRAND - The Baltimore Sun's Annie Linskey recently published a lengthy write-up of the finger-pointing in the aftermath of Maryland's stalled budget negotiations. She printed speculation about the potential harm that a protracted budget battle could have on the reputations of political leaders, but most of the blame still seems to be hovering over Senate President Mike Miller. It seems clear that he is a poor brand-manager for the modern Democratic Party, and his ward boss political tactics are sullying the efforts of others. See an excerpt from The Sun's piece below:

VIDEOS: Gov. Martin O'Malley & Senator Rich Madaleno Explain the Maryland Budget Debate to WAMU Radio Host Kojo Nnamdi

Maryland Juice just caught two interviews on WAMU's Kojo Nnamdi show regarding Maryland's budget debacle this week. The first, taped today, was with Senator Rich Madaleno - a Montgomery County member of the Senate's Budget & Tax Committee. The second segment features Gov. Martin O'Malley and was taped yesterday. Notably, our prior coverage indicated that gambling issues appeared to be a sticking point between House and Senate negotiators. In the videos below, Sen. Madaleno and Gov. O'Malley present their takes on the budget meltdown:


SEN. RICH MADALENO EXPLAINS THE BUDGET 

 GOV. MARTIN O'MALLEY EXPLAINS THE BUDGET

BLECH: Baltimore Mayor Stephanie Rawlings-Blake Wants Special Session to Push Gambling & Prince George's Casino

BACKGROUND: Maryland Juice read two statements from politicians today that confirm gambling is a central issue in Maryland's budget debate. Personally, the issue doesn't motivate me very much in either direction, but I am very disturbed to see so much legislative effort go into promoting an obviously regressive revenue source. Did folks really hold up the budget to bring more gambling into Maryland? If so, am I the only one that finds this to be shameful?

Earlier today we reported that Maryland will be facing a doomsday budget scenario with millions of dollars in education cuts -- that is, unless Governor Martin O'Malley intervenes and calls for a special session. Now, Baltimore Mayor Stephanie Rawlings-Blake is calling for a special session and is supporting the gambling measures. Below we print an excerpt from Baltimore Business Journal coverage of the Mayor's remarks, followed by a statement from Delegate Melony Griffith. Ms. Griffith is the Chair of the Prince George's Delegation and highlights a few of the sticking points from yesterday's chaotic legislative proceedings. She also confirms that gambling has been a sticking point in negotiations. Hat tip: Real Prince George's blog.

Rawlings-Blake wants special session for table games; O'Malley undecided

BALTIMORE BUSINESS JOURNAL: Mayor Stephanie Rawlings-Blake wants lawmakers to return for a special session to pass a bill adding games like poker and blackjack at Maryland’s casinos, and deal with other key pieces of legislation, a spokeswoman for the mayor said Tuesday.

A hotly contested casino-expansion bill was left in limbo after the House and Senate couldn’t agree on a plan to add a sixth casino in the state before the session ended Monday. The Senate passed legislation that would add a sixth casino in Prince George’s County, either at the National Harbor resort or at Penn National Gaming’s Rosecroft Raceway harness track, and add table games at all the state’s casinos.

The House favored adding a sixth casino at National Harbor that would be slots-only while adding table games at the other five casinos in the state, including one planned for Baltimore....

“We don’t even know if there is going to be a special session at this point,” said Raquel Guillory, a spokesman for Gov. Martin O’Malley....

Since lawmakers couldn’t agree on a budget before the session ended, a “doomsday budget” will go into effect starting July 1. It will eliminate 500 state jobs and cut spending by $512.2 million....

Caesars Entertainment CEO Gary Loveman said April 3 the ability to offer table games would mean 500 additional jobs at the proposed 3,750-machine slots parlor on Russell Street, south of M&T Bank Stadium....

Brennan, the mayoral spokesman, said that in addition to a casino-expansion bill, Rawlings-Blake wants a special session to also take up legislation passing a new state budget and hiking the state’s gas tax to raise money for needed road improvements.

Delegate Melony Griffith's statement about the budget debacle appears in full on The Real Prince George's blog. We print an excerpt below:

DELEGATE MELONY GRIFFITH: Members are awaiting word whether the legislature will re-convene in a special session or face a “Doomsday Budget” following last night’s uncertain end to the 90-day 2012 Maryland General Assembly Session, Delegation Chair Delegate Melony G. Griffith said.

“We are disappointed that our work requires the possibility of more time to resolve these key pieces of legislation,” Griffith said. “I know we all would have preferred to resolve this by the deadline.”

Amid debates over whether to allow casino gaming in Prince George’s County and negotiations over how to fund the state’s budget going down to midnight, the delegation was divided this session. Members met in March to be briefed on one of several late gaming proposals, Senate Bill 892, but no formal position was taken.

With the gaming bill stalled, the two chambers passed the state’s budget by midnight. But several key pieces of the budget concerning taxes and other revenues for the state failed to pass, including a proposal that set the amount of teacher pension costs to be shared with counties, along with revenue to local jurisdictions to smooth the transition.

It is now up to Gov. Martin O’Malley to decide whether to call a special session before the July 1 start of the fiscal year, or to allow a previous alternative “doomsday budget” with $500 million in cuts to education, colleges, grants and other state funding to take effect.

More on the Maryland budget crisis soon!

The Race to Succeed Mike Miller for Senate President BEGINS NOW // Maryland Juice Straw Poll Ballots Are Trickling In

Here we go! Ballots are trickling in for Maryland Juice's 2012 Straw Poll. We are polling State Senators on a range of questions about the Senate Presidency, including whether they think the multi-decade reign of Mike Miller should now come to an end. More importantly, we are asking Senators who they would choose to succeed Mr. Miller and about basic rules to establish accountability and transparency for leadership elections.

Senators -- don't be so scared! Hurry up and get your ballots in. Some of your colleagues have already mailed their ballots. Besides, I have no plans to open these until I have a critical mass of ballots in-hand. Then, I will open them all at once.

Let me give you a few hints as to why the time is ripe for a leadership change:

WAKE UP: Time for a Maryland Progressive Caucus // Maryland Blue Dog Caucus Forming

Maryland Juice thinks now would be a good time for progressive legislators in the Free State to start organizing into a real caucus. In Rhode Island -- another hugely blue state --  the progressive caucus is now the largest caucus in the legislature. Look at the demographics of Maryland and ask yourself why we don't have an organized progressive caucus yet. Creating one might reveal more unity between some of the counties than people currently like to admit exists.

More importantly, a progressive caucus is needed to keep moving the needle on important issues. If you like getting rolled, then you'll do nothing about the following news in today's Baltimore Sun:

Centrist Democrats in the House of Delegates have decided to form a group to promote their point of view within the party and weigh in on key issues, a leading member of the group said Thursday.

Del. Mary Dulany-James, a Harford County Democrat, said the groups would probably be called the Blue Dog delegation or caucus -- named after a similarly oriented group of moderate Democrats in Congress.

Whaddya think? And while we're at it, there should be a bi-partisan civil liberties caucus. We are truly sliding on those issues nationally.

Sign Maryland Juice's petition calling for the creation of a Maryland Progressive Caucus