In a two-page order, Chief Justice Matthew J. Fader wrote that the court found "the Harford County Charter bars a deputy sheriff employed by the Harford County Sheriff from simultaneously serving as a Harford County Council member." The order also requires Penman to pay court costs. A fuller explanation of the court's reasoning is expected later.

The decision reverses a June ruling by the Appellate Court of Maryland that had allowed Penman to return to the council after an 18-month absence. It marks the second time Penman has been removed since he was sworn in four years ago, capping a prolonged legal battle over his eligibility.

Penman said he was stunned by the outcome. "I don't understand it," he said, arguing that the sheriff is an independently elected official who does not answer to the state or the county executive on matters of salaries, hiring and firing. "But yet, they somehow lump deputy sheriffs in as state employees — that have really no impact on local legislation," he said. "They say I cannot serve on the council because I'm a state employee, and a state has no input on the local county council, county budget."

County Executive Bob Cassilly, a fellow Republican, welcomed the ruling. In a statement, he said the order "affirmed that Aaron Penman is and has been ineligible for a seat on the Harford County Council due to his simultaneous employment as a sheriff's deputy, in clear violation of the county charter." Cassilly added that Harford, like most Maryland counties, bars such dual employment "because it creates an obvious conflict of interest for council members charged with oversight of county spending on the sheriffs' office and other state offices."

The ruling also throws into question several bills Penman sponsored, including one expanding the council's budget powers and others changing county charter provisions on eligibility to serve. Cassilly said the order invalidates those measures because Penman "was not a legitimate member of the Harford County Council when he introduced those bills." The executive had vetoed one of the bills last week and was expected to decide on another by Wednesday. With Penman off the council, supporters are unlikely to muster the five votes needed to override a veto. A Cassilly spokesperson could not immediately clarify what the ruling means for the bills' fate.

The legal fight grew out of a feud among Harford County Republicans, including Cassilly, Sheriff Jeff Gahler and Penman, as well as Council President Patrick Vincenti, who unsuccessfully challenged Cassilly in the 2026 primary. The dispute traces back to a disagreement over funding for a training facility for the sheriff's department.

Four years ago, Cassilly refused to swear in Councilman Jacob Bennett, a middle school science teacher, citing the same charter provision barring county employees from holding elected office. The state's highest court quickly ruled in Bennett's favor, and Penman's lawyers argued that decision cleared the way for him to keep his seat. Penman initially lost in circuit court and was off the council for 18 months before the Appellate Court of Maryland reinstated him in June, partly citing the Bennett precedent.

Penman criticized the high court for what he sees as inconsistent treatment of law enforcement officers. "They're basically reversing their own opinion and carving out a new path to adversarially affect deputy sheriffs, law enforcement," he said.

Penman did not seek reelection this year because of the legal case and would have left office on Dec. 7, when the new council is sworn in. Tuesday's order accelerates his departure by several weeks.