Hall v. Prince George's County Democratic Central Committee
431 Md. 108
| Md. | 2013Background
- Alston, a Maryland House delegate, was indicted in 2011 for misconduct in office and other offenses, and later pled to resolve charges under a plea agreement.
- The plea allowed modification of her misconduct in office conviction to probation before judgment (PBJ) if she completed community service, restitution, and a civil fine.
- Judge Harris initially sentenced her with a term that would become PBJ upon fulfillment of conditions, but did not stay the misconduct conviction; the court bound itself to strike the conviction upon condition satisfaction.
- Alston’s PBJ depended on meeting conditions; Friedman advised that she was removed by operation of law when sentenced (Oct. 9, 2012), regardless of later modification.
- The Central Committee nominated Gregory Hall to fill the vacancy after Alston’s removal; public discussion arose due to Hall’s past misdemeanor handgun conviction, which had not been disclosed.
- Governor O’Malley sought withdrawal of Hall’s nomination; the Central Committee later moved to withdraw Hall’s nomination; the circuit court’s summary judgment held that Alston was removed by operation of law and that the Central Committee could withdraw Hall’s nomination before appointment; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article XV, §2 permits removal of a duly elected legislator when PBJ is later imposed. | Alston argues PBJ prevents final removal. | Governor and Speaker say no stay; conviction final on sentencing. | Yes; removal occurs when conviction is final without a stay. |
| Whether finality of the misconduct conviction can be avoided by PBJ modification. | PBJ modification should negate finality. | Finality attaches to the original conviction; PBJ does not undo it. | PBJ does not retroactively negate finality; removal occurs on final conviction. |
| Whether the Central Committee had authority to rescind Hall’s nomination before the Governor’s appointment. | Hall argues no authority to rescind once submitted. | Committee may rescind uncompleted nominations to ensure deliberative process. | The Central Committee timely and lawfully rescinded Hall’s nomination. |
| What is the proper timing for the Governor’s appointment under Art. III, § 13(a)(1) when a vacancy arises. | Appointment must occur within 15 days after submission. | Timing may extend if holidays occur. | Governor must act by the next business day after a holiday; the withdrawal allowed timely appointment. |
Key Cases Cited
- Avery v. State, 304 A.2d 856 (Md. 1973) (finality of conviction discussed in PBJ contexts)
- Dotson v. State, 583 A.2d 710 (Md. 1991) (plea agreements are inviolate; court must follow disposition)
- Chertkov v. State, 642 A.2d 232 (Md. 1994) (enforceability of plea agreements; court modification bounds)
- In re Petition of the Commission on the Governorship of California, 603 P.2d 1357 (Cal. 1979) (withdrawal of uncompleted appointments; deliberative process)
- Jones v. Baltimore City Police Department, 606 A.2d 214 (Md. 1992) (PBJ vs. conviction and collateral consequences)
- Monroe Cattle Co. v. Becker, 147 U.S. 47 (U.S. 1893) (time computation when last day falls on holiday)
- Terry v. Warden of Maryland Penitentiary, 221 A.2d 691 (Md. 1966) (finality standard of appellate review or otherwise)
- Young v. Warden, Md. Penitentiary, 224 A.2d 842 (Md. 1966) (definition of finality in criminal convictions)