For the past three months, Stephen Kling has served as the acting city attorney for Annapolis. He has reviewed documents, filed court papers and briefed city officials on legal issues.
But there's a problem: Kling, at least for now, is not licensed to practice law in Maryland.
Kling, 59, lost his state certification two years ago after he failed to turn in paperwork documenting his pro bono work. After learning about his status, the Annapolis city council scurried to an emergency session yesterday to examine the legal ramifications for the city.
"We're in a potentially serious position," said David H. Cordle Sr., a Republican alderman from Ward 5. "I'm concerned about the consequences for the city."
Kling said that he was not aware that he had lost his certification and that he prides himself on doing a lot of pro bono work.
"There was plainly a mistake on my part of some sort," Kling said. "I think I dropped the ball somewhere, but how, I don't know."
Kling, who has been in private practice in Annapolis for more than 25 years, was hired as an assistant city attorney in September, around the time that former city attorney Shaem Spencer became a judge. Andreese Williams served as city attorney for several weeks after Spencer, but then she left, too, and Mayor Ellen O. Moyer appointed Kling as acting city attorney in early October.
"He was familiar with the city and had done some pro bono work for the city and the Department of Human Resources," Moyer said.
The mayor has contacted the state attorney general to see if any of Kling's actions have been nullified by his status. She said that she does not plan to take any disciplinary action against Kling, and that the oversight does not cause her to question his abilities as an attorney.
"I know enough about paperwork that comes into an office to know that occasionally things get misplaced," Moyer said.
Kling, an Annapolis resident, said that he is avoiding signing documents until his certification has been reinstated. He said that he believes that very little of his work for the city attorney's office will be nullified by his status.
"The vast majority of the work of the office doesn't involve courts or formal legal documents that you sign your name to as attorney-at-large," he said.
Kling filed the paperwork Wednesday after a blogger brought the issue to light in an online posting and in an e-mail sent to council members and to Moyer's office. Kling expects to find out Monday whether he will be recertified to practice law.
