Dwyer attempts to impeach
judge m. brooke murdock for marriage opinion.
(Annapolis, MD) - On
January 20, 2006, Judge M. Brooke Murdock overturned Maryland's
1973 marriage law, which states "only a marriage between a man and
a woman is valid in this state." Delegate Dwyer, who has spearheaded
efforts in Maryland to protect marriage through a constitutional
amendment, promised to do all he could to impeach Judge Murdock
for this act. Yesterday, he kept that promise.
At ten o'clock on Tuesday, March 07, 2006, Delegate Dwyer became
the first Maryland legislator in more than 150 years to initiate
the removal of a judge. His resolution, "An Address For The Removal
Of Judge M. Brooke Murdock," charges the court with violating the
public trust, abuse of power, incompetence, willful neglect of duty,
and misbehavior in office. The resolution has been referred to judiciary
committee and is likely to be voted on soon. If the charges are
approved, the judge will be brought before the committee to defend
herself.
"It's obvious to the public that whenever a judge legislates from
the bench, our trust is violated. We, the people, write the laws
not they, the judiciary. If the courts no longer care what the laws
mean and they substitute their own judgment for the people's judgment,
we have no choice but to remove them. We must use the system of
checks and balances that our Founding Fathers gave us."
(Source:
Southern Maryland Online 3-8-06)
Dwyer tries to impeach
Md. judge over same-sex marriage case
Judge removed only once in 150 years
By ELIZABETH WEILL-GREENBERG | Mar 8, 2006
Don Dwyer is gunning for
Baltimore Circuit Judge M. Brooke Murdock.
The Maryland Republican delegate from Anne Arundel County introduced
a resolution March 7 in the state House to remove Murdock from the
bench after she ruled last month that a law banning same-sex marriages
is unconstitutional. She stayed the decision while an appeals court
considers the case.
"He claims that the judge must be removed from office for 'misbehavior
in office, willful neglect of duty, and incompetency,'" said openly
gay Del. Richard S. Madaleno Jr. (D-Montgomery County) in a statement.
"It is a clear attempt to intimidate judges and to make the judiciary
subservient to the legislature."
According to Dwyer’s office, the resolution has been referred to
the Judiciary Committee and has not been scheduled for a hearing.
The Maryland State Bar Association president Michael Conroy criticized
calls for impeaching the judge.
"No basis in fact or law exists to support any suggestion to impeach
Judge Murdock for her recent decision on same-sex marriage," said
Conroy in a statement.
A judge was removed only once before, 150 years ago, for getting
drunk and sleeping in court, according to the Baltimore Sun.
Md. panel kills
move to impeach judge who ruled for gay marriage
Proposal garners only 3 votes
BY ELIZABETH WEILL-GREENBERG | Mar 10, 2006
An anti-gay delegate in
the Maryland House has lost his attempt to remove from office a
Baltimore Circuit Court judge who says the state's ban on gay marriage
is unconstitutional.
The move by Del. Don Dwyer (R-Anne Arundel County) to throw Judge
M. Brooke Murdock off the bench was defeated March 9 in the Judiciary
Committee by a 19-3 vote.
"The public trust
has been violated," Dwyer said when he proposed the impeachment maneuver,
according to the Associated Press. "It is our duty, our obligation
and our responsibility to hold the court accountable."
Delegates Christopher Shank (R-Washington County), Dwyer and Tanya
Shewell (R-Carroll County) voted with Dwyer on the impeachment proposal.
"He claims that the judge must be removed from office for 'misbehavior
in office, willful neglect of duty, and incompetency,'" said openly
gay Del. Richard S. Madaleno Jr. (D-Montgomery County) in a statement.
"It is a clear attempt to intimidate judges and to make the judiciary
subservient to the legislature."
If Dwyer's effort had been successful it would have been the second
time in Maryland's history for a judge to be tossed off the bench.
A judge was removed only once before, 150 years ago, for getting drunk
and sleeping in court, according to the Baltimore Sun.
Dwyer is co-sponsor of the failed anti-gay marriage amendment. He
introduced a resolution March 7 in the state House to remove Murdock
from the bench after she ruled in January that a Maryland law banning
same-sex marriages is unconstitutional. She stayed the decision while
an appeals court considers the case.
Maryland State Bar Association president Michael Conroy also criticized
calls for impeaching the judge.
"No basis in fact or law exists to support any suggestion to impeach
Judge Murdock for her recent decision on same-sex marriage," said
Conroy in a statement.
Md. Lawmaker: Impeach 'Gay Marriage'
Judge
Tuesday, March 07, 2006
STORIES
•Minister May Get Tossed After 30 Years for Marrying Gays•Quebec
Priests Oppose Vatican Stance on Gay Marriage•Pope Holds New
Year's Eve Service•Priest Resigns Over Vatican's Stance on
Gays•Boston Catholic Archbishop Blasts Gay Marriage
ANNAPOLIS, Md. — A state lawmaker Tuesday called for a Baltimore
judge to be impeached for a ruling in favor of gay couples.
"The public trust has been violated,"
said Republican Delegate Don Dwyer. "It is our duty, our obligation
and our responsibility to hold the court accountable."
Baltimore Circuit Court Judge M. Brooke
Murdock ruled last month that a law banning same-sex marriages is
unconstitutional, although she stayed the decision while an appeals
court considers the case.
Dwyer's impeachment resolution was
sent to committee with no debate. Dwyer previously sponsored a failed
proposal to change the state constitution to ban gay marriage.
The legislature hasn't impeached a
judge in more than 100 years.
