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Maryland Manual, 1987-88
Volume 183, Page 433   View pdf image (33K)
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by experience and interest in historical preserva-
tion. The Trust retains an architect as a consult-
ant (Code State Government Article, sees. 9-501
through 9-506).

OFFICE OF STATE PROSECUTOR

State Prosecutor: Stephen Montanarelli, 1989
Deputy State Prosecutor: Gerald C. Ruter

Assistant State Prosecutors: Bernard A. Penner;
Thomas M. McDonough.

One Investment Place, Suite 103
Towson 21204-^120 Telephone: 321-4067

The Office of the State Prosecutor was estab-
lished by Constitutional amendment (Chapter
612, Acts of 1976), ratified by the voters in No-
vember 1976. The Office began operation on Janu-
ary 1, 1977. The Office is an independent unit
within the Office of the Attorney General.

The State Prosecutor may investigate on his
own initiative, or at the request of the Governor,
the Attorney General, the General Assembly, the
State Ethics Commission, or a State's Attorney,
the following criminal offenses: 1) State election
law violations; 2) State public ethics law viola-
tions; 3) State bribery law violations involving
public officials or employees; 4) misconduct in of-
fice by public officials or employees; and 5) extor-
tion, perjury, or obstruction of justice related to
any of the above.

At the request of the Governor, Attorney Gen-
eral, General Assembly, or a State's Attorney, the
State Prosecutor also may investigate criminal ac-
tivity conducted partly in Maryland and partly in
another jurisdiction, or in more than one political
subdivision of the State.

If the State Prosecutor finds that an alleged vio-
lation of the criminal law set forth above has oc-
curred, he shall make a confidential report of his
findings, with recommendations for prosecution,
to the Attorney General and the State's Attorney
having jurisdiction to prosecute the matter. The
State Prosecutor need not make such a report to
the State's Attorney, however, if the State Prose-
cutor's findings and recommendations contain al-
legations of offenses committed by the State's At-
torney. If the State's Attorney to whom the report
is rendered fails to file charges in accordance with
the State Prosecutor's recommendations within 45
days of receipt of such recommendations, the
State Prosecutor may prosecute such offenses. The

Independent Agencies/43 3

State Prosecutor may immediately prosecute of-
fenses set forth in his report and recommenda-
tions, if they are alleged to have been committed
by a State's Attorney.

If the State Prosecutor finds that no violation of
the criminal law has occurred, or he does not rec-
ommend prosecution, he shall report his findings
to the person requesting the investigation. The re-
port shall be made available to the public if the
subject of the investigation so requests.

In investigating and prosecuting cases in which
he is authorized to act, the State Prosecutor has
all the powers and duties of a State's Attorney.

The State Prosecutor is nominated by the State
Prosecutor Selection and Disabilities Commission
and appointed by the Governor for a term of six
years (Code 1957, Art. 10, sees. 33A-33C).

STATE PROSECUTOR SELECTION
AND DISABILITIES COMMISSION

Chairperson: Eugene M. Feinblatt, 1988

Barbara Sue Liebman, 1987; Russell T. Baker, Jr.,
1988; Charles Cahn II, 1989; Barry A. Gold,
1989; Thomas E. Hickman, 1991.

Ex officio; J. Joseph Curran, Jr., Attorney General

233 E. Redwood St.
Baltimore 21202 Telephone: 576^211

The State Prosecutor Selection and Disabilities
Commission was created in May 1977 pursuant to
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. The Commission interviews and evalu-
ates eligible applicants and nominates to the Gov-
ernor the name of the person or persons it finds to
be legally and professionally qualified. The Com-
mission reports to the Governor in writing within
seventy days after notification that a vacancy ex-
ists or is about to occur. The Governor exercises
his power of appointment or rejection within thir-
ty days of receipt of the Commission's report.

The Commission may reprimand or recommend
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 or fails to perform

 



 
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Maryland Manual, 1987-88
Volume 183, Page 433   View pdf image (33K)
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