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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 539   View pdf image (33K)
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THE CONSTITUTION OF 1867

ARTICLE V.
ATTORNEY-GENERAL AND
STATE'S ATTORNEYS,

ATTORNEY GENERAL.

Section 1 . There shall be an Attorney-
General elected by the qualified voters
of the State, on general ticket, on the
Tuesday next after the first Monday in
the month of November, eighteen hun-
dred and sixty-seven, and on the same
day, in every fourth year thereafter, who
shall hold his office for four years from
the time of his election and qualifica-
tion, and until his successor is elected
and qualified, and shall be re-eligible
thereto, and shall be subject to removal
for incompetency, wilful neglect of duty,
or misdemeanor in office, on conviction
in a Court of Law. Sec. 2. All elections for Attorney-
General shall be certified to, and returns
made thereof by the Clerks of the Cir-
cuit Courts of the several counties, and
the Clerk of the Superior Court of Balti-
more City, to the Governor of the State,
whose duty it shall be to decide on the
election and qualification of the person
returned; and in case of a tie between
two or more persons, to designate which
of said persons shall qualify as Attorney-
General, and to administer the oath of
office to the person elected. Sec. 3. It shall be the duty of the
Attorney-General to prosecute and de-
fend on the part of the State, all cases,
which at the time of his appointment
and qualification, and which thereafter
may be depending in the Court of Ap-
peals, or in the Supreme Court of the
United States, by or against the State,
or wherein the State may be interested;
and he shall give his opinion in writing
whenever required by the General As-
sembly, or either Branch thereof, the
Governor, the Comptroller, the Treas-

urer, or any State's Attorney, on any
legal matter, or subject depending be-
fore them, or either of them; and when
required by the Governor, or the Gen-
eral Assembly, he shall aid any State's
Attorney in prosecuting any suit or ac-
tion brought by the State in any Court
of this State; and he shall commence
and prosecute, or defend, any suit or
action in any of said Courts, on the part
of the State, which the General Assem-
bly, or the Governor, acting accord:ng
to Law, shall direct to be commenced,
prosecuted or defended; and he shall
receive for his services an annual salary
of Three Thousand dollars; but he shall
not be entitled to receive any fees, per-
quisites., or rewards, whatever, in addi-
tion to the salary aforesaid, for the per-
formance of any official duty; nor have
power to appoint any agent, representa-
tive, or deputy, under any circumstances,
whatever; nor shall the Governor em-
ploy any additional counsel in any case,
whatever, unless authorized by the Gen-
eral Assembly. Sec. 4. No person shall be eligible to
the office of Attorney-General, who is
not a citizen of this State, and a quali-
fied voter therein, and has not resided
and practiced Law in this State for at
least ten years. Sec. 5. In case of vacancy in the
office of Attorney-General, occasioned
by death, resignation, removal from the
State, or from office, or other disquali-
fication, 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 of the
Commissioner of the Land Office, respec-
539

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 539   View pdf image (33K)
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