In July, the Maryland Court of Appeals voted 4-3 to send former councilman Daryl Jones' case back to Anne Arundel County Circuit Court.
Jones was removed from the council in January 2012, before leaving to serve a five-month sentence for not filing federal income taxes. At the time, there was no provision in the county's charter for removing Jones. Instead, his seat was declared vacant on grounds that he lived outside of his district while serving a prison sentence.
Pete Smith was appointed by the remaining councilmen to represent District 1 in March 2012.
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.
"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 July.
Walker also noted that voters in 2012 approved a charter change to remove members who are convicted of crimes.