Appellate Court of Maryland Decision in Guthrie v. Vincenti

Generally, this blog is about e-discovery.  However, I also do “other things.”

In a reported decision, Maryland’s second highest Court, the Appellate Court of Maryland, affirmed a final judgment in favor the Hon. Patrick Vincenti, President of the County Council of Harford County.  Guthrie v. Vincenti, No. 2203, __ Md. App __ (May 6, 2026).  I am honored both by having successfully represented the Council President with my colleagues, Alan Rifkin and Stu Cherry, at Rifkin Weiner Livingston, LLC, and by the Court’s quotation of my oral argument.

The case involved the Harford County Circuit Court’s interpretation and application of Art. XV, §2, of the Maryland Constitution to a Baltimore County plea proceeding.  Art. XV, §2, provides, in brief summary, that when any elected official during the term of office enters a plea of guilty or nolo contendere to a felony, the official is removed by operation of law and the office becomes vacant.

The Circuit Court for Harford County entered a final judgment against the plaintiff, Mr. Guthrie. Mr. Guthrie sought bypass review in the Supreme Court of Maryland.  After an opposition to that petition was filed, the certiorari request was denied.  490 Md. 138 (2025).  Mr. Guthrie then pursued his claim in the Appellate Court of Maryland, where he was unsuccessful.