Kenneth D. Schisler v. State of Maryland

Summary

The court held that the General Assembly violated Maryland's separation-of-powers provisions by terminating the fixed terms of Public Service Commission commissioners appointed by the Governor and by creating an appointment process that substantially displaced the Governor's constitutionally assigned executive authority. It also held that an order denying a temporary restraining order is immediately appealable under Maryland law and that the commissioners are civil officers within the meaning of Article II, Section 15. The court therefore declared Section 12 and portions of Section 22 of Senate Bill 1 null and void and concluded that the circuit court erred in denying interim relief. Judge Battaglia, dissenting, would have rejected immediate appellate review and upheld the Legislature's authority to modify the commissioners' terms, while Judges Harrell and Raker would have upheld the term termination but invalidated the successor-appointment procedure.