Jones v. Baltimore City Police Dept.

606 A.2d 214, 326 Md. 480, 1992 Md. LEXIS 85
CourtCourt of Appeals of Maryland
DecidedMay 12, 1992
Docket126, September Term, 1991
StatusPublished
Cited by21 cases

This text of 606 A.2d 214 (Jones v. Baltimore City Police Dept.) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Baltimore City Police Dept., 606 A.2d 214, 326 Md. 480, 1992 Md. LEXIS 85 (Md. 1992).

Opinions

McAULIFFE, Judge.

The Law Enforcement Officers’ Bill of Rights (LEOBR), Maryland Code (1957, 1992 RepLVol.) Art. 27, §§ 727-734D, provides that a law enforcement officer ordinarily is entitled to an administrative hearing before punitive action is taken against that officer. Section 730(a). There is an exception, however. Section 730(c) provides that “[a] law enforcement officer is not entitled to a hearing under this section if the law enforcement officer has been charged and convicted of a felony.” The question presented by this appeal is whether an officer has been “convicted of a felony” within the meaning of § 730(c) when that officer has been found guilty of a felony but granted probation before judgment pursuant to Art. 27, § 641 of the Code.

I.

On 12 January 1990, the State’s Attorney for Carroll County filed a Bill of Information in the District Court of Maryland sitting in Carroll County, charging Officer Robert [482]*482A. Jones of the Baltimore City Police Department with two felony counts of distribution of and possession with intent to distribute child pornography (Art. 27, § 419A) and with four misdemeanor counts involving obscene matter (Art. 27, § 418). Jones was served with the charging document on 18 January and was immediately suspended from duty. On 19 January a suspension hearing was held by the Chief of the Community Services Division, and the suspension was continued, without pay. Following a preliminary hearing in the District Court, criminal charges were filed against Jones in the Circuit Court for Carroll County. On 7 September, at the conclusion of a trial before the court, Jones was found guilty of both felony counts and sentencing was scheduled for 18 December.1

On 3 October, the Director of the Internal Investigation Division of the Baltimore City Police Department forwarded the report of that division to the Office of the Commissioner, noting that Jones had been found guilty of two felony charges and concluding that administrative charges of misconduct by violation of criminal statutes and general misconduct had been sustained. The Department concluded that Jones had been “convicted of a felony” within the meaning of § 730(c), and on 5 October terminated his employment without a hearing. On 10 October, the Assistant City Solicitor representing the Department advised Jones’ attorney in writing that “[i]n the event that Mr. Jones receives PBJ at his sentencing, the Personnel Order will be immediately rescinded and a trial board scheduled expeditiously.”

On 18 December, Judge Raymond A. Beck, Sr. of the Circuit Court for Carroll County, acting pursuant to Art. 27, § 641, stayed the entry of judgment, deferred further proceedings, and placed Jones on probation for three years, with conditions. Contrary to the representation earlier made by the Department’s attorney, however, the Depart[483]*483ment did not rescind the personnel order terminating Jones’ employment and did not schedule a trial board for resolution of administrative charges.2 On 19 April 1991, Jones filed a “Petition to Show Cause and for a Writ of Mandamus,” alleging that the Department was denying him rights granted by the LEOBR and the United States Constitution, and seeking reinstatement with backpay, damages, and attorneys’ fees.3 The Department responded with a motion to dismiss the petition, contending, among other things, that Jones’ discharge without a hearing was appropriate because Jones had been convicted of a felony.

The matter was heard before Judge John C. Byrnes. Judge Byrnes concluded that a guilty verdict was a conviction within the meaning of § 730(c), and that the subsequent entry of probation before judgment did not alter the fact of conviction. Thus, he held, Jones was properly discharged without a hearing. Jones appealed to the Court of Special Appeals, and we issued a writ of certiorari on our own motion before the case was considered by that Court.

II.

In Shilling v. State, 320 Md. 288, 296, 577 A.2d 83 (1990), and in Myers v. State, 303 Md. 639, 642-45, 496 A.2d 312 (1985), we pointed out that the meaning of the word “convie[484]*484tion” may vary according to the context and purposes in which it appears. In Myers, we said:

At common law a person was not “convicted” of a crime until the court entered a judgment on the finding of guilt. See 2 J. Wigmore, Evidence in Trials at Common Law § 521, at 731 (J. Chadbourn ed. 1979). In today’s usage, however, the meaning of “convicted” and “conviction” turns upon the context and purpose with which those terms are used. See Hunter v. State, 193 Md. 596, 606-07, 69 A.2d 505, 509-10 (1949); see also Conlow v. State, 441 A.2d 638, 639 (Del.1982) (per curiam) (“The meaning of the term ‘convicted’ or ‘conviction’ varies according to the context and purpose of the particular provision — statutory or constitutional — in which it appears or to which it relates.”); State v. Ege, 274 N.W.2d 350, 355 (Iowa 1979) (“The word ‘conviction’ may have different meanings within different contexts.”). For example, in its general and popular sense “conviction” means the establishment of guilt prior to, and independent of, the judgment of the court. See, e.g., State v. Hanna, 179 N.W.2d 503, 507-08 (Iowa 1970); State v. Delashmutt, 676 P.2d 383, 384 (Utah 1983) (per curiam); State v. Herman, 93 Wash.2d 590, 595-96, 611 P.2d 748, 751 (1980). By contrast, in its legal and technical sense this term means the final judgment and sentence rendered by a court pursuant to a verdict or plea of guilty, and it is frequently used to denote the judgment or sentence. See, e.g., State v. Superior Court, 1 Storey 178, 51 Del. 178, 141 A.2d 468, 472 (1958) (“ ‘[C]onviction’ means the final consummation of the prosecution against the accused including the judgment or sentence rendered pursuant to a conviction.”); Vasquez v. Courtney, 272 Or. 477, 480, 537 P.2d 536, 537 (1975) (“The second, more technical meaning [of conviction] refers to the final judgment entered on a plea or verdict of guilty. In [this] case conviction has not been accomplished until the judgment is made by the court.”); Parker v. State Highway Department, 224 S.C. 263, 268-69, 78 S.E.2d 382, 384 (1953) [485]*485(“But the word [convicted] is also often used as including both the ascertainment of the guilt of the accused and the judgment thereon by the Court.”).

303 Md. at 642-43, 496 A.2d 312. We noted that “where ... the statute under consideration imposes a legal disability, courts have defined ‘conviction’ in its legal and technical sense.” Id.

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Jones v. Baltimore City Police Dept.
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Bluebook (online)
606 A.2d 214, 326 Md. 480, 1992 Md. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-baltimore-city-police-dept-md-1992.