Former Councilman Daryl D. Jones, a Democrat from Severn, has sued the county in an attempt to hold onto his seat representing District 1. The County Council in January unanimously voted to vacate Jones' seat when he began serving a five-month federal prison sentence.
Linda M. Schuett, an attorney representing Jones, argued that her client was permanently domiciled in his district, and therefore the council's action to vacate his seat was illegal.
David A. Plymyer, the deputy county attorney, said the council has the authority to make laws governing qualifications for members to retain office.
Although the council has vacated Jones' seat, it has failed to appoint a replacement after more than 100 rounds of voting. The council is deadlocked 3-3 between two candidates – Peter I. Smith, a Marine Reservist from Severn, and Michael J. Wagner, a business owner from Ferndale. The council is scheduled to meet Monday and continue voting on a replacement.