Terms Used In Maryland Code, STATE PERSONNEL AND PENSIONS 21-209

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Fiduciary: A trustee, executor, or administrator.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) (1) Notwithstanding any other law, a person may not serve as a fiduciary if the person has been convicted of:

(i) a felony;

(ii) a misdemeanor involving moral turpitude;

(iii) a violation of this subtitle;

(iv) a conspiracy or attempt to commit a crime described under item (i), (ii), or (iii) of this paragraph; or

(v) a crime in which a crime described under item (i), (ii), (iii), or (iv) of this paragraph is an element.

(2) A person may not knowingly allow another person to serve as a fiduciary in violation of paragraph (1) of this subsection.

(b) Any person who intentionally violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

(c) For the purposes of this section, a person is deemed to be convicted on the later of:

(1) the date of judgment of the trial court; or

(2) the date of the final sustaining of judgment on appeal.

(d) A fiduciary may be removed for a violation of subsection (a) of this section.