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Volume 664, Page 79   View pdf image (33K)
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COMPARISON OF CONSTITUTIONS

CONSTITUTION OF 1867

PROPOSED CONSTITUTION OF 1968

Sec. 5. In case of vacancy in the office

See Section 4.18, Qualifications, p. 77.

of Attorney General, occasioned by death,


resignation, removal from the State, or from


office, or other disqualification, the said


vacancy shall be filled by the Governor, for


the residue of the term thus made vacant.


Sec. 6. It shall be the duty of the Clerk


of the Court of Appeals and the Clerks of


any intermediate courts- of appeal and of


the Commissioner of the Land Office, re-


spectively, whenever a case shall be brought


into said Courts, or office, in which the


State is a party, or has interest, immediately


to notify the Attorney General thereof.


The State's Attorneys.


Sec. 7. There shall be an Attorney for

Section 4.35. State's Attorney.

the State in each county, and the City of

There shall be a state's attorney in each

Baltimore, to be styled "The State's Attor-
ney," who shall be elected by the voters

county or district which may be prescribed
by the General Assembly by law. He shall be

thereof, respectively, on the Tuesday next

elected by the voters of the county or district

after the first Monday of November, in the

in which he seeks office. The term of office,

year, nineteen hundred and fifty-eight, and
on the same day every fourth year there-
after; and shall hold his office for four
years from the first Monday in January next

functions, powers, duties, method of filling
vacancies, and all other matters relating to
the office shall be prescribed by the General
Assembly by law.

ensuing his election, and until his successor


shall be elected and qualified; and shall be


re-eligible thereto, and be subject to removal


therefrom, for incompetency, willful neglect


of duty, or misdemeanor in office, on con-


viction in a Court of Law, or by a vote of


two-thirds of the Senate, on the recommen-


dation of the Attorney General.


Sec. 8. All elections for the State's

See Section 435, State's Attorney, p. 79.

Attorney shall be certified to, and Returns


made thereof, by the Clerks of the said


counties and city, to the Judges thereof,


having criminal jurisdiction, respectively,


whose duty it shall be to decide upon the


elections and qualifications of the Persons


returned; and, in case of a tie between two


or more Persons, to designate which of said


Persons shall qualify as State's Attorney,


and to administer the oaths of office to the


Person elected.


Sec. 9. The State's Attorney shall per-

See Section 435, State's Attorney, p. 79.

form such duties and receive such salary


as shall be prescribed by Law; and if any


State's Attorney shall receive any other fee


or reward than such as is or may be


allowed by Law, he shall, on conviction


thereof, be removed from office; provided,


that the State's Attorney for Baltimore City


shall have the power to appoint a Deputy


79


 

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