Former Councilman Daryl D. Jones

Councilman Daryl D. Jones, shown here in December 2006 being sworn in, is serving a five-month federal prison term. (NANINE HARTZENBUSCH, Baltimore Sun)

An attorney for former Anne Arundel County Councilman Daryl D. Jones has filed a notice of appeal in county Circuit Court, in an effort to overturn a judge's recent ruling that the County Council acted properly when it removed Jones from his seat.

A judge ruled last week that Jones, who began serving a five-month federal prison term in January for failing to file his income taxes, was required to live in his district during the full duration of his term in office.

Jones' attorney Linda M. Schuett had argued that Jones, a Severn Democrat who was re-elected in 2010, was permanently domiciled in his district despite his imprisonment. She filed the notice Monday and plans to file the appeal to the Maryland Court of Special Appeals in the coming weeks. County Attorney Jonathan A. Hodgson declined to comment.

The council voted unanimously to vacate Jones seat and begin the process of selecting a replacement. Peter I. Smith, a Severn Democrat, was sworn in Monday night to fill Jones' seat.

nicole.fuller@baltsun.com

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