Maryland State Government Section 9-1201

Article - State Government

§ 9-1201.

      (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 not eligible to be State Prosecutor unless:

                  (i)      the individual has executed an affidavit under oath that the individual will not accept appointment to, or be a candidate for, any State or local office, whether appointive or elective, during the period of service as the State Prosecutor and for a 3-year period after the individual last serves as the State Prosecutor; and

                  (ii)      at the time of appointment, the individual has actively and lawfully practiced law in the State for at least 5 years.

            (2)      During the period of service as the State Prosecutor, the individual shall renew the affidavit every 2 years, and failure to do so shall subject the individual to removal from office under this section.

            (3)      The State Prosecutor shall be nominated by the State Prosecutor Selection and Disabilities Commission and appointed by the Governor with the advice and consent of the Senate for a term of 6 years and until a successor is appointed and qualifies.

      (c)      The State Prosecutor may be removed from office by the Governor, but only on the recommendation of the State Prosecutor Selection and Disabilities Commission, for misconduct in office, persistent failure to perform the duties of the office, or conduct prejudicial to the proper administration of justice.

      (d)      The State Prosecutor shall receive the salary provided in the State budget, but not less than the salary of a judge of the circuit court.



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