Hall v. Prince George's County Democratic Central Committee

64 A.3d 210, 431 Md. 108, 2013 Md. LEXIS 210
Court of Appeals of Maryland·Decided April 8, 2013·No. No. 100·Published·Cited by 5 cases

Opinions

BATTAGLIA, J.

Tiffany Alston, a former member of the Maryland House of Delegates, was removed as a delegate after she had been convicted and sentenced for the common law offense of misconduct in office, contained in an indictment returned in December of 2011. Under the terms of a plea agreement, entered into on October 9, 2012, that resolved the sentence for her misconduct in office conviction,1 the parties agreed that Ms. Alston would be eligible to have her misconduct in office conviction and sentence modified, at some future time, to probation before judgment, should she complete three hundred hours of community service, make restitution in the amount of eight hundred dollars and pay a fine of five hundred dollars. After sentencing, but before Ms. Alston fulfilled the conditions, the Speaker of the House of Delegates, acting on the advice of Assistant Attorney General Daniel Friedman, declared Ms. Alston removed from her House seat by operation of law and asked the Democratic Central Committee of Prince George’s County (Central Committee) to submit to the Governor the name of a replacement.

Gregory Hall was nominated by the Central Committee to fill Ms. Alston’s seat on November 7, 2012. Within days, however, while his nomination was before the Governor, aspects of Mr. Hall’s past, including his conviction for a misdemeanor handgun charge, which he had not disclosed to the Central Committee, became the fodder of public discourse; on the ninth day after he received the nomination, the Governor requested that the Central Committee withdraw Mr. Hall’s [112]*112nomination. Before the Central Committee acted on the Governor’s request, however, and on the thirteenth day after the Governor received the nomination, Mr. Hall filed a complaint in the Circuit Court for Prince George’s County against the Central Committee and the Governor, whereby he sought to prevent the withdrawal of his nomination.

Ms. Alston, who by this time had completed the conditions of her plea agreement and had her misconduct in office conviction and sentence modified to probation before judgment, filed, as an intervener and third-party plaintiff in the same case, a separate complaint against the Governor and the Speaker of the House, whereby she sought a declaration that she had been merely suspended from her seat in the House of Delegates by operation of law on the day she was sentenced, rather than removed, because her conviction and sentence had been converted into probation before judgment. Ms. Alston also sought an injunction against the Governor to prevent him from appointing anyone in her stead.

Judge C. Phillips Nichols, Jr. of the Circuit Court for Prince George’s County disagreed, however, and ruled, after a hearing, that Ms. Alston had been removed by operation of law on the date she was sentenced for her misconduct in office conviction, pursuant to Section 2 of Article XV of the Maryland Constitution2 and that the Central Committee had the [113]*113power to rescind Mr. Hall’s nomination at any time before the Governor made the appointment. Both Mr. Hall and Ms. Alston filed Petitions for Certiorari, which we granted, for consideration together, sub nom. Hall v. Prince George’s County Democratic Central Committee, 429 Md. 528, 56 A.3d 1241 (2012).

Ms. Alston presents these questions for our review:
I. Does Article XV, § 2 of the Maryland Constitution permit the expulsion of a duly-elected legislator who received a final disposition of probation before judgment?
II. Where charges against an elected official resulted in a final disposition of probation before judgment in another county, did the lower court have the power to revoke this disposition and disqualify that official from completing her term in office? [3]

Mr. Hall presents the following questions:4

I. As a matter of first impression, under Art. Ill, § 13(a)(1) of the Maryland Constitution where a Central Committee submits a name to the Governor within 30 days of a vacancy in the House of Delegates, does the Governor [114]*114have a mandatory duty to appoint the person whose name is submitted to him within fifteen days thereof?
II. As a matter of first impression, what is the final day for the Governor to appoint under Art. Ill, § 13(a)(1) of the Maryland Constitution where the fifteenth day following submission of the name falls on a legal holiday?
III. As a matter of first impression, does the Central Committee have any authority to rescind the name it submitted to the Governor under Maryland Constitution Art.
III. § 13(a)(1) more than 30 days after the event that created the vacancy of the office in the House of Delegates?
IV. Should a writ of mandamus issue to Governor Martin O’Malley to appoint Gregory Hall to the 24th Legislative District seat in the House of Delegates of Maryland?
V. Did the Circuit Court err in considering on summary judgment an affidavit that was based upon “information or belief’?

After oral argument, this Court entered an Order affirming the judgment of the Circuit Court for Prince George’s County. Hall v. Prince George’s County Democratic Central Committee, 430 Md. 3, 58 A.3d 481 (2013). We now shall set forth the reasons for that Order. We shall hold that Ms. Alston was removed from office by operation of law on the day she was sentenced for misconduct in office while in office, notwithstanding the fact that she subsequently was afforded probation before judgment. We shall further hold, with respect to Mr. Hall’s nomination, that the Central Committee acted timely and within its authority when it rescinded his nomination before the Governor acted.

On September 23, 2011, a grand jury in Anne Arundel County returned an indictment (September Indictment) against Tiffany Alston, who was at the time a member of the House of Delegates, charging her with various violations of the Criminal Law and Election Law Articles of the Maryland Code, based on her alleged misappropriation of campaign funds. Specifically, she was charged with theft offenses under Section 7-104 of the Criminal Law Article of the Maryland Code (2002), fraudulent misappropriation by a fiduciary under [115]*115Section 7-113 of the Criminal Law Article,5 and unlawful and improper disbursements under Section 13-218 of the Election Law Article6 for acts occurring between April of 2010 and December of 2010, during the time she was campaigning for office.

On December 15, 2011, another grand jury indictment (December Indictment) was returned by an Anne Arundel County [116]*116grand jury against Ms. Alston, this time for conduct that occurred between January 7, 2011 and January 26, 2011, during which period of time she was a member of the House of Delegates. The December Indictment alleged that she directed her legislative clerk, who was being paid by the State as an employee, to perform work for Ms. Alston’s law firm. Ms.

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Hall v. Prince George's County Democratic Central Committee, 64 A.3d 210, 431 Md. 108, 2013 Md. LEXIS 210 (Md. 2013).

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