A few words about Ken Schisler

The news broke yesterday that Public Service Commission chairman Kenneth Schisler resigned effective Friday. This act ends a long running feud over the course and direction of the PSC which saw Chairman Schisler demonized by our new Governor.

I represented Chairman Schisler, his colleagues and the PSC in the successful case to overturn the unconstitutional act of the General Assembly to fire the PSC and have continued to work with the Chairman as the widely reported efforts to avoid more litigation by another misguided attempt by the Democrats to fire the members of the PSC.

There is a great deal I cannot say and which will never be reported anywhere. But I can give some insight which I believe with some confidence you will not read anywhere else.

Chairman Schisler is a decent and honorable man despite the demon Martin O'Malley and the Sun have tried to make of him. He is a family man who gave up more lucrative opportunities in the private sector to serve as PSC chairman when asked by Governor Ehrlich. Anyone close to the situation knows that there was little, despite the overheated rhetoric of the O'Malley camp, that the PSC could have done within the statutory framework which existed to alter the increases in utility rates or ease the burden on consumers. I will not here beat that dead horse but suffice it to say whoever held that position would have been able to do little to affect the ultimate outcome which was of the General Assembly's making. (Those facts are well laid out here.)

When the General Assembly sought to fire the PSC, Chairman Schisler became a reluctant but determined defender of his colleagues and the institution he has served so well. The case was entirely political yet the stakes were very real for the Chairman Schisler, the sole provider for a family of four. It was his livelihood, and those of his colleagues, which was being threatened in what the Court of Appeals referred to as a "Cromwellian" act designed to deflect legislature's blame for their own price cap debacle and to score political points in an election year.

Anyone who has gone through litigation knows the stresses it places. Imagine if that litigation was also to keep the only source of income for your family and was front page news and central to your bosses' campaign. (Oh yes, we heard from the Ehrlich camp that we had to win this case and that is was critical to the campaign. How is that for pressure?) The anxiety, uncertainty and stress were compounded many times over for the members of the PSC.

The legislation had also stacked the deck against any challenge. There were only a few weeks between the time the statute was passed and the commissioners would be replaced. The General Assembly limited where the case could be brought and forced the commissioners to assume the risk of paying their attorneys. Challenging these provisions would have cost precious time so the decision was made to run the gauntlet laid before us. Normal procedures were bypassed so that Judge Matricciani got the case. He quickly ruled against the commissioners, relying largely on technical issues. A light speed appeal to Maryland's highest court followed and in less than two weeks we went from circuit court complaint, to trial court hearing to appellate briefing to appellate argument to a preliminary decision putting a halt to the PSC's removal. It was the first and set the tone for other decisions which followed that summer voiding illegal and unconstitutional acts of the General Assembly.

Having beaten back this effort, the election played out and you know that part of the story. Chairman Schisler and his collegues found themselves with a new Governor who repeated his promise to fire them. While such a firing likely would result in more litigation and the outcome, in my less than objective opinion, would have been the same as the last attempt a different decision was made.

For those who may be disappointed by this turn of events, know this. Chairman Schisler went above and beyond, more than you will ever know, to prevent November's outcome and was vindicated in his stand for the rule of law. No victory is without cost and no defeat is without consequence.

We all owe a debt of gratitude to Chariman Schisler and his colleagues for always protecting the interests of the citizens they serve and for having the courage to fight the good fight and protect our system of government from those who believe they have power without limitations.