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Brown v. State6/9/2000
5. Looking to the legislative history of § 9-105, to the way we have characterized the statute in the past, and to the way other courts and leading commentators on evidence law have viewed similar statutes, the State insists that, despite its use of the words "not competent," § 9-105 does not render a spouse incompetent, but merely provides a privilege to preclude testimony by a spouse that would disclose a confidential marital communication - a privilege that may be waived.
We are dealing here with a question of statutory construction - did the Legislature, when it first enacted and subsequently amended the statute that is now codified as § 9-105, really mean to render a person "not competent" to testify to confidential marital communications, understanding that, by doing so, it would admit of no circumstance, in either a civil or criminal case, under which such a communication could be revealed? Did the Legislature intend to disqualify a person from testifying to such a communication even when the person's spouse has already disclosed the communication to others? Did it intend to disqualify a person from testifying to such a communication even when the person's spouse solicits the testimony, or at least does not object to it? If the communication made by petitioner to his wife had been exculpatory rather than inculpatory, but nonetheless confidential, did the Legislature intend, as a matter of Maryland evidence law, to preclude Ms. Brown from testifying to that communication without objection from petitioner? Did the Legislature intend that a stranger to the marriage - perhaps even the State in a criminal case - be able to preclude testimony that both spouses desire be admitted on the ground it would disclose a communication that was confidential when made?
The rules of statutory construction are well-known and well-settled. Our paramount objective is to ascertain and effectuate the intent of the Legislature when it enacted (and periodically amended) the statute. If the language is clear and unambiguous "and is consistent with the purposes of the legislation in general and the particular provision being interpreted," our inquiry ordinarily ends at that point. McNeil v. State, 356 Md. 396, 404, 739 A.2d 80, 84 (1999). As we pointed out in Kaczorowski v. City of Baltimore, 309 Md. 505, 515, 525 A.2d 628, 632 (1987), however - and in many cases since - when there is some question as to whether a literal interpretation of the language used in the statute really would be consistent with the purpose of the legislation, we may look beyond that literal meaning. In such a circumstance, "the court, in seeking to ascertain legislative intent, may consider the consequences resulting from one meaning rather than another, and adopt that construction which avoids an illogical or unreasonable result, or one which is inconsistent with common sense." Id. at 513, 525 A.2d at 632 (quoting Tucker v. Fireman's Fund Ins. Co., 308 Md. 69, 75, 517 A.2d 730, 732 (1986)). As we pointed out in Condon v. State, 332 Md. 481, 492, 632 A.2d 753, 758 (1993), " t often is necessary to look at the development of a statute to discern legislative intent that may not be as clear upon initial examination of the current language of the statute." See also C.S. v. P.G. County Social Services, 343 Md. 14, 24, 680 A.2d 470, 485 (1996).
Section 9-105 cannot be considered in isolation; it was not considered in isolation by the Legislature. It is part of the subtitle of CJP dealing with the "Competence, Compellability, and Privilege" of witnesses. Section 9-101 sets forth the general rule that, unless otherwise provided in the subtitle, (1) a person may not be excluded from testifying in a proceeding because of incapacity from cri
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