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Maryland Manual, 1983-84
Volume 181, Page 393   View pdf image (33K)
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The State Prosecutor may, on his own initia-
tive, or at the request of the Governor, the Gen-
eral Assembly, the Attorney General, or a State's
Attorney, investigate criminal offenses under the
State election laws and under the State Public
Ethics Law. He may investigate violations of the
State bribery laws in which an official or employ-
ee of the State or of a political subdivision of the
State or of any bicounty or multi-county agency
of the State was the offerer or offeree, or intend-
ed offerer or offeree, of a bribe; offenses consti-
tuting criminal malfeasance, misfeasance, or non-
feasance in office committed by an officer or
employee of the State or of a political subdivision
of the State or of any bicounty or multi-county
agency of the State; and violations of the State
extortion, perjury, and obstruction of justice laws
related to any activity described above. Further-
more, at the request of either the Governor, At-
torney General, General Assembly, or a State's
Attorney, the State Prosecutor may investigate
criminal activity conducted or committed partly
in this State and partly in another jurisdiction, or
which is conducted or committed in more than
one political subdivision of the State.

If the State Prosecutor finds an alleged viola-
tion, he shall make a confidential report of his
findings, together with any recommendations for
prosecution, to the Attorney General and the
State's Attorney having jurisdiction to prosecute
the matter. However, a report and recommenda-
tions containing allegations of an offense commit-
ted by a State's Attorney need not be made to
that State's Attorney. If the State's Attorney,
within forty-five days after receipt of the State
Prosecutor's findings and recommendations, fails
to file charges and commence prosecution in ac-
cordance 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
Attorney 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 possible.

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 use the services and per-
sonnel of the Office of the Attorney General, the

Independent Agencies/393

Maryland State Police, and other established
State and law-enforcement agencies. These agen-
cies shall, to the extent feasible, cooperate with
the State Prosecutor.

The State Prosecutor is nominated by the State
Prosecutor Selection and Disabilities Commission
and appointed by the Governor with the advice
and consent of the Senate for a term of six years
(Code 1957, Art. 10, secs. 33A, 33B, 33C; Chap-
ters 499 and 630, Acts of 1978; Chapter 513, sec.
1, Acts of 1979).

STATE PROSECUTOR SELECTION
AND DISABILITIES COMMISSION

Chairperson: Eugene M. Feinblatt, 1984

Priscilla Hart, 1982; Sandra A. O'Connor, 1982;
Joseph Ernest Bell II, 1983; Morris M.
Pallozzi, 1985; Barry Gold, 1985; Stephen H.
Sachs, Attorney General, ex officio

233 E. Redwood Street
Baltimore 21202 Telephone: 752-4567

The State Prosecutor Selection and Disabilities
Commission was created in May 1977 pursuant
to Section 2 of Chapter 612, Acts of 1976.

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 recom-
mendations of the Association and others. The
Commission interviews and evaluates each eligible
applicant, and selects and nominates to the Gov-
ernor the name of the person or persons it finds
to be legally and professionally qualified. The
Commission reports to the Governor in writing
within seventy days after notification that a va-
cancy 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
perform the duties of his office, or if his conduct
is prejudicial to the proper administration of jus-
tice. In addition, the Commission is empowered
to investigate allegations made against the State
Prosecutor which, if true, may warrant his re-
moval or discipline, upon complaint or upon its
own motion. In this regard, the Commission may

 



 
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Maryland Manual, 1983-84
Volume 181, Page 393   View pdf image (33K)
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