Court Rules Daryl Jones' Council Removal Improper

Daryl Jones, removed from his Anne Arundel County Council seat in 2012, could be reinstated after a court ruled his removal was improper.

The Capital Gazette reports the Maryland Court Appeals voted 4-3 Monday to send Jones' case back to Anne Arundel County Circuit Court. Jones was removed from the council in January 2012, just before leaving to serve a five-month sentence for not filing federal income taxes. The seat was declared vacant on grounds that he lived outside of his district while serving a prison sentence.

Jones sued the county after the removal, arguing that though he was incarcerated in South Carolina, his legal residence remained and would remain in Severn, according to the paper.

"The Anne Arundel County Office of Law advised the County Council that there was no provision in the County Charter to remove Councilman Jones other than to declare his seat vacant based on residency, so we moved forward using that premise," Council Chair Jerry Walker said in a statement Monday.

Walker also noted that voters in 2012 approved a charter change to remove members who are convicted of crimes.

Pete Smith has served as Jones replacement for District 1 since March of 2012.

Annapolis Patch Local Editor D. Frank Smith contributed to this report.