2018 Maryland Code
Criminal Procedure
Title 14 - Office of the State Prosecutor
§ 14-104. Filling vacancies in Office of State Prosecutor

  • (a) Recommendations. -- On notification by the Governor that a vacancy exists or is about to occur in the position of State Prosecutor, the Commission shall:

    • (1) seek and review applications of proposed nominees;

    • (2) notify and request recommendations from the Maryland State Bar Association; and

    • (3) seek recommendations from members of the Commission and interested citizens and groups.

  • (b) Nominations. -- The Commission shall:

    • (1) interview and evaluate each eligible applicant; and

    • (2) nominate to the Governor, on a vote taken by secret ballot, one or more individuals whom a majority of the authorized membership of the Commission finds to be legally and professionally qualified.

  • (c) Report to Governor. -- The Commission shall report, in writing, to the Governor the name of the individual or individuals it nominates within 70 days after notification that a vacancy exists or is about to occur.

  • (d) Rejection of nominee. --

    • (1)

      • (i) The Governor may reject a nominee for cause.

      • (ii) If a nominee is rejected for cause, the Commission shall submit another nominee.

    • (2) If the Governor rejects a nominee:

      • (i) the Governor shall send to the Commission a written statement that contains the reasons for the rejection; and

      • (ii) a copy of the statement of rejection shall be furnished to the nominee.

    • (3) The statement shall be confidential and privileged, unless the privilege is deemed waived by the Commission by the acts of the nominee in presenting to the public the reason for the rejection.

    • (4) The Commission may make the statement public.

  • (e) Time of appointment or rejection. -- The Governor shall exercise the power of appointment or rejection within 30 days after receipt of the Commission's report.

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