2021 Maryland Statutes
Criminal Procedure
Title 15 - Office of the State's Attorney
Subtitle 4 - Countywide Provisions
Section 15-424 - Worcester County
(a) This section applies only in Worcester County.
(b) (1) Subject to paragraph (2) of this subsection, the State’s Attorney’s salary is 90% of the salary of a judge of the District Court of Maryland.
(2) By enacting an ordinance before the election filing deadline for the next term of office for the State’s Attorney, the county commissioners may set the salary at an amount exceeding 90% of the salary of a judge of the District Court of Maryland.
(3) (i) All other salaries, compensation, employee benefits, and expenses of the Office of the State’s Attorney are subject to the annual budget process and approval of the county commissioners in accordance with the budget and fiscal policies and purchasing laws of the county.
(ii) Processing the payroll of the Office of the State’s Attorney as part of the payroll of the county does not make employees of the Office of the State’s Attorney the employees of the county.
(c) (1) The State’s Attorney may appoint the number of full–time or part–time deputy State’s Attorneys and assistant State’s Attorneys that the county commissioners approve.
(2) The deputy and assistant State’s Attorneys appointed under paragraph (1) of this subsection shall:
(i) serve at the pleasure of the State’s Attorney; and
(ii) have the same legal powers as the State’s Attorney to present cases to the grand jury, represent the State in criminal proceedings, and perform necessary duties in relation to the grand jury and operation of the office that the State’s Attorney requires.
(d) If authorized by an ordinance enacted by the county commissioners, the State’s Attorney may appoint special investigators who:
(1) shall serve at the pleasure of the State’s Attorney; and
(2) shall perform work as directed by and under the supervision of the State’s Attorney.
(e) The State’s Attorney shall serve full time and may not engage in the private practice of law.
(f) On approval of the county commissioners, the State’s Attorney may hire the clerical, secretarial, and office employees that the State’s Attorney determines are needed.
(g) All employees of the Office of the State’s Attorney, including deputy State’s Attorneys, assistant State’s Attorneys, investigators, clerical workers, secretaries, and office employees:
(1) are employees of the Office of the State’s Attorney and not of the county commissioners;
(2) shall receive the same insurance, retirement, and leave benefits as county employees; and
(3) are under the control of the State’s Attorney, subject to this section and the personnel rules and regulations that the county commissioners adopt by resolution for county employees.
(h) The State’s Attorney shall perform the appointment, disciplinary, termination, and managerial functions for all employees of the Office of the State’s Attorney who are covered by the personnel rules and regulations that the county commissioners adopt.
(i) The State’s Attorney may adopt office practices, manuals, rules of conduct, and other procedures to serve as conditions of employment for employees of the Office of the State’s Attorney.
(j) (1) Except for members of the State Bar who serve as deputy or assistant State’s Attorneys, employees of the Office of the State’s Attorney may be disciplined or terminated for cause only in accordance with this section and the personnel rules and regulations that the county commissioners adopt.
(2) When a new State’s Attorney takes office or at the beginning of a new term of a State’s Attorney, all clerical, secretarial, office, and other employees except for deputy and assistant State’s Attorneys shall remain in their positions and shall be considered rehired.
(k) On request of the State’s Attorney, the county commissioners may provide in–kind support to the State’s Attorney for personnel matters.
