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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 540   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS

tively, whenever a case shall be brought
into said Court, or office, in which the
State is a party, or has interest, imme-
diately to notify the Attorney-General
thereof.
THE STATE'S ATTORNEYS.
Sec. 7. There shall be an Attorney for
the State in each county, and the city of
Baltimore, to be styled "The State's
Attorney," who shall be elected by the
voters thereof, respectively, on the Tues-
day next after the first Monday in No-
vember in the year eighteen hundred and
sixty-seven, and on the same day every
fourth year thereafter; and shall hold
his office for four years from the first
Monday in January next ensuing his
election, and until his successor shall be
elected and qualified; and shall be re-
eligible thereto, and be subject to re-
moval therefrom, for incompetency, wil-
ful neglect of duty, or misdemeanor in
office, on conviction in a Court of Law,
or by a vote of two-thirds of the Senate,
on the recommendation of the Attorney-
General. Sec. 8. All elections for the State's
Attorney shall be certified to, and Re-
turns made thereof, by the Clerks of the
said counties and city, to the Judges
thereof, having criminal jurisdiction, re-
spectively, whose duty it shall be to de-
cide upon the elections and qualifica-
tions of the Persons returned; and, in
case of a tie between two or more Per-
sons, 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
perform such duties and receive such
fees and commissions as are now, or may
hereafter be, prescribed by law, and if
540

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 Attor-
ney for Baltimore City shall have power
to appoint one Deputy, at a salary of
not more than Fifteen Hundred dollars
per annum, to be paid by the State's
Attorney out of the fees of his office, as
has heretofore been practiced. Sec. 10. No person shall be eligible to
the office of State's Attorney, who has
not been admitted to practice Law in
this State, and who has not resided, for
at least two years, in the county, or city,
in which he may be elected. Sec. 11. In case of vacancy in the
office of State's Attorney, or, of his re-
moval from the county, or city, in which
he shall have been elected, or, on his
conviction, as herein specified, the said
vacancy shall be filled by the Judge of
the county, or city, respectively, having
criminal jurisdiction, in which said
vacancy shall occur, for the residue of
the term thus made vacant. Sec. 12. The State's Attorney, in each
county, and the city of Baltimore, shall
have authority to collect, 'and -give re-
ceipt, in the name of the State, for such
sums of money as may be collected by
him, and forthwith make return of, and
pay over the same, to the proper ac-
counting officer. And the State's Attor-
ney of each county, and the city of Bal-
timore, before he shall enter on the dis-
charge of his duties, shall execute a
Bond to the State of Maryland, for the
faithful performance of his duties, in the
penalty of ten thousand dollars, with
two or more sureties, to be approved by
the Judge of the Court, having criminal
jurisdiction, in said counties or city.

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 540   View pdf image (33K)
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