Benoit challenges legal opinion on Jones' seat
Anne Arundel County Councilman Jamie Benoit is challenging a legal opinion issued by the county attorney on the political future of fellow Councilman Daryl D. Jones, who is headed to federal prison next month.
In a five-page memo to the county’s Office of Law, Benoit, a Democrat, questioned County Attorney Jonathan A. Hodgson’s Dec. 1 legal opinion. Hodgson stated that the council can replace Jones when he begins serving a five-month federal prison sentence on Jan. 23, on a single count of failing to file a tax return, because he will be living outside of his councilmanic district during his prison stint.
The county charter does not require a council member convicted of a crime or sentenced to prison. But Hodgson said once Jones, a second-term Democrat from Severn, is incarcerated, the council can declare his seat vacated by passing a resolution, then begin the process of choosing a successor. The council has 30 days from the date of the vacancy to choose a replacement, who must live in the district and be of the same party.
“By my read, if Mr. Jones does not resign and intends to live in the councilmanic district upon his return in a few months, his seat has not been vacated when he reports to prison,” Benoit wrote. The Crownsville Democrat and attorney asked the county law office to provide a more substantive legal opinion. Benoit has said he has no opinion on whether Jones should resign.