§ 14-102

Maryland § 14-102

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 14

Text

(a) (1) There is an Office of the State Prosecutor.

(2) The Office of the State Prosecutor is an independent unit in the Office of the Attorney General.

(b) (1) An individual is eligible to be the State Prosecutor only if the individual:

(i) executes an affidavit that the individual will not accept appointment to, or be a candidate for, a State or local office during the period of service as the State Prosecutor and for at least 3 years immediately after the individual last serves as the State Prosecutor; and

(ii) has lawfully and actively practiced law in the State for at least 5 years.

(2) The State Prosecutor shall renew the affidavit every 2 years during the period of service.

(3) A failure to renew the affidavit under this subsection shall subject the State Prosecutor to removal from office under this section.

(c) (1) The State Prosecutor shall be:

(i) nominated by the Commission; and

(ii) appointed by the Governor with the advice and consent of the Senate.

(2) The term of the State Prosecutor is 6 years.

(3) At the end of a term, the State Prosecutor continues to serve until a successor is appointed and qualifies.

(d) Only on the recommendation of the Commission, the Governor may remove the State Prosecutor for:

(1) misconduct in office;

(2) persistent failure to perform the duties of the office; or

(3) conduct prejudicial to the proper administration of justice.

(e) The State Prosecutor is entitled to the salary provided in the State budget, but not less than the salary of a judge of a circuit court.