324/Maryland Manual
be made to that State's Attorney. If the State's At-
torney, within forty-five days after receipt of the
State Prosecutor's findings and recommendations,
fails to file charges and commence prosecution in
accordance with the recommendations, the State
Prosecutor may prosecute these criminal offenses.
However, the State Prosecutor may immediately
prosecute criminal offenses set forth in his report if
alleged to have been committed by the State's At-
torney having jurisdiction over the matter.
If the State Prosecutor finds that no violations
of criminal law have occurred or he does not rec-
ommend prosecution, he shall report his findings
to the person requesting the investigation. At the
request of the person who was the subject of the
investigation, the State Prosecutor's report may
be made available to the public as soon as possi-
ble.
The State Prosecutor shall meet and confer reg-
ularly with the Attorney General and the various
State's Attorneys. To the extent practicable, the
State Prosecutor shall utilize the services and per-
sonnel of the Office of the Attorney General, the
Maryland State Police, and other established
State and law-enforcement agencies. These agen-
cies shall, to the extent feasible, cooperate with
the State Prosecutor (Code 1957, Art. 10, sees.
33A, 33B, 33C; Chapters 499 and 630, Acts of
1977).
STATE PROSECUTOR SELECTION
AND DISABILITIES COMMISSION
Chairperson: H. Vernon Eney, 1980
Ms. Dale E. Balfour, 1979; Sandra A. O'Connor,
1979; Joseph Ernest Bell 11, 1980; Dr. Aris T.
Allen, 1981; James S. McAuliffe, Jr., 1981;
Stephen H. Sachs, ex officio
1800 Mercantile Bank and Trust Building
Two Hopkins Plaza
Baltimore 21201 Telephone: 752-6780
The State Prosecutor Selection and Disabilities
Commission was created in May 1977 pursuant
to Section 2 of Chapter 612, Acts of 1976.
The Commission consists of the Attorney Gen-
eral, who serves as an ex officio but voting mem-
ber, and six persons appointed by the Governor.
Of the appointed members, two persons (only one
of whom shall be a lawyer) are selected from
among two or more nominees submitted by the
President of the Senate, and two persons (only
one of whom shall be a lawyer) are selected from
among two or more nominees submitted by

the Speaker of the House of Delegates. These
persons may not be members of the General As-
sembly or full-time State employees. One person
is selected from among one or more nominees
submitted by the Board of Governors of the
Maryland State Bar Association, Inc. One person
is selected from among one or more nominees
submitted by the Governing Board of the Mary-
land State's Attorneys' Association, Inc. This
person shall be an incumbent State's Attorney at
the time of appointment and throughout the term
of service on the Commission. The Governor
designates one member as chairperson. Of the ini-
tial appointees two serve for four years, two serve
for three years, and two serve for two years.
Members are eligible for reappointment.
Upon notification by the Governor that a va-
cancy exists or is about to occur in the office of
the State Prosecutor, the Commission seeks and
reviews applications of proposed nominees for the
position, notifies the Maryland State Bar Associa-
tion, Inc., of the vacancy, and requests
recommendations of the Association and others,
interviews and evaluates each eligible applicant,
and selects and nominates to the Governor the
name of the person or persons it finds to be legal-
ly and professionally qualified. The Commission
reports to the Governor in writing within seventy
days after notification that a vacancy exists or is
about to occur. The Governor exercises his power
of appointment or rejection within thirty days of
receipt of the Commission's report.
The Commission may reprimand or recom-
mend to the Governor the removal from office of
the State Prosecutor if after a hearing it finds that
he is guilty of misconduct in office, fails to per-
form the duties of his office, or if his conduct is
prejudicial to the proper administration of justice.
In addition, the Commission is empowered to in-
vestigate allegations made against the State Prose-
cutor which, if true, may warrant his removal or
discipline, upon complaint or upon its own mo-
tion. In this regard, the Commission may conduct
hearings, administer oaths and affirmations, issue
process to compel attendance of witnesses and
the production of evidence, and require persons
to testify and produce evidence by granting them
immunity from prosecution, penalty, or forfeiture.
STATE'S ATTORNEYS'
COORDINATOR
STATE'S ATTORNEYS' COORDINA-
TION COUNCIL
Chairperson: Sandra A. O'Connor, State's Attorney
for Baltimore County