Maryland State Government Section 9-1205

      (a)      (1)      If within 45 days after receipt of the State Prosecutor's findings and recommendations the State's Attorney fails to file charges and commence prosecution in accordance with the recommendations, the State Prosecutor may prosecute those criminal offenses as set forth in the investigative report and recommendations.

            (2)      Notwithstanding paragraph (1) of this subsection, the State Prosecutor may immediately prosecute criminal offenses set forth in the investigative report and recommendations if alleged to have been committed by the State's Attorney having jurisdiction over the matter.

      (b)      (1)      The State Prosecutor shall represent the State in all appeals and post conviction proceedings arising from prosecutions conducted by the State Prosecutor.

            (2)      Notwithstanding paragraph (1) of this subsection, the Attorney General may represent the State or assist the State Prosecutor on the request of the State Prosecutor or as required by law in any appeal or collateral proceeding described in paragraph (1) of this subsection.