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Former Anne Arundel councilman reinstated to bar, petitions top court for seat back

Maryland’s top court has reinstated to the state bar a former — and perhaps future — Anne Arundel County Council member Daryl D. Jones, who had consented in February to suspension of his law license after his conviction last year of failing to file an income tax return.

With his law license restored, Jones will now ask the Court of Appeals for his council seat back.

The council stripped Jones of his seat in January when he reported to a federal prison in South Carolina to serve a five-month sentence after pleading guilty to the misdemeanor offense. In taking the action, the council said Jones could not continue to serve because he was no longer a resident of the county’s Severn district.

The council then appointed Peter Smith to succeed Jones, who was released from prison in June.

Jones, through his attorney Linda M. Schuett, will argue before the Court of Appeals on Dec. 3 that the council’s removal of him was improper because — though his temporary “place of abode” was South Carolina — his permanent “domicile” remained in Severn. That argument failed at trial, prompting Jones to appeal directly to the high court.

With regard to his law license, Jones had consented to an indefinite suspension in February with the right to apply for reinstatement in six months.

The Court of Appeals granted the reinstatement in a one-sentence order Tuesday. The order noted, without further explanation, that a majority of the court concurred in permitting Jones to resume his legal career.

Judge Clayton Greene Jr. did not participate in the high court’s consideration of Jones’ motion for reinstatement. Greene did not state the reason for his recusal.

Jones could not be reached for comment. Anne Arundel County Attorney Jonathan Hodgson declined to comment.

Schuett, of Linowes and Blocher LLP in Annapolis, did not immediately return telephone messages seeking comment Wednesday.