Facing criticism from leaders of both political parties and legal and ethics complaints, Senate President Thomas V. Mike Miller apologized yesterday for contacting two judges on Maryland's highest court to discuss redistricting lawsuits.
"I wish to publicly express my heartfelt and sincere apology to the Maryland Court of Appeals for the controversy that has been created by my communication with two members of the Court," Miller said in a three-paragraph statement released by his office.
"I recognize that the judiciary must be highly sensitive to any appearance of impropriety in order to preserve public faith in its impartiality," he said.
The chairman of the state's Republican Party said Miller's apology doesn't resolve his concerns. "From my perspective, it's not enough," said GOP chairman Michael S. Steele. "It should not stop a thorough investigation."
Miller is one of five legislators identified last month by the court as having contacted judges about redistricting. All of the lawmakers have defended their actions, saying they weren't seeking to influence the judges' decision.
The court has been considering 14 lawsuits challenging Gov. Parris N. Glendening's map, which created new districts for the 188 General Assembly members. The court ruled this week that "significant portions" of the plan are unconstitutional and said it will draw its own map.
The court did not announce a timetable for crafting a new plan, but a court spokeswoman said yesterday the judges will meet privately next week.
She said the court "is mindful of the July 1 deadline" previously set for Assembly candidates to establish residency in their districts. The deadline for Assembly candidates to file for election is July 8.
In the two unprecedented public statements issued by the court last month, the judges disclosed the contacts by lawmakers and said they cut off the conversations as soon as they realized the lawmakers wanted to discuss the lawsuits.
Republican and Democratic leaders have criticized the legislators for their actions. In addition to Miller, the lawmakers identified by the court are Sen. Clarence W. Blount and Del. Ruth M. Kirk of Baltimore, Sen. Ida G. Ruben of Montgomery County and Sen. Ulysses Currie of Prince George's County.
Blount is the Senate majority leader, and Ruben and Currie serve on the subcommittee that oversees the judiciary's budget.
The state Republican Party has filed ethics and legal complaints against those five lawmakers and Democratic Sen. Robert R. Neall of Anne Arundel County, who sent a letter to the special master appointed by the court to hold hearings in the case. Miller has been targeted for particularly sharp criticism because he's the only legislator in the group who is also a lawyer. Maryland law prohibits lawyers from contacting judges about cases that are before the court. Republicans have filed a complaint against Miller with the state Attorney Grievance Commission.
Miller has said his phone calls to the two judges were not about the pending lawsuits, but a previous ruling the court had made in the case.
The written apology by Miller appears to be an acknowledgment that he has created a furor with his actions. He was out of town yesterday and not available for further comment.
"In over 35 years of practicing law in Maryland, I have never been accused in any manner or forum of violating the Code of Professional Responsibility," Miller wrote.
"It was not my intent to improperly influence the court in the redistricting case. I regret that my actions have been misconstrued as such in the complaints made against me.
"In the future, I will exercise the utmost care in my communications with the members of the Court of Appeals and any other judicial officers," he wrote.
"In the meantime, to the extent my actions may have made the court's job in reviewing these complex matters even more difficult, I sincerely apologize."
Steele said he believes investigations still need to take place, particularly to see "whether or not there was a coordinated effort" led by Miller to try to influence the court.