OFFICE OF STATE PROSECUTOR

Stephen Montanarelli, State Prosecutor, 1989
James I. Cabezas, Chief Investigator

One Investment Place, Suite 100
Towson, MD 21204-4120 321-4067

Budget (Code 22.04.00)
FY1989 Total Appropriation.................$643,548
General Funds........................................$643,548
FY1989 Total Authorized Positions..................12

Annual Report to Governor, Attorney General & Gen-
eral Assembly.

The Office of the State Prosecutor was estab-
lished by Constitutional amendment ratified by the
voters in November 1976 (Chapter 612, Acts of
1976). The Office began operation January 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 fol-
lowing criminal offenses: 1) State election law vio-
lations; 2) State public ethics law violations; 3)
State bribery law violations involving public offi-
cials or employees; 4) misconduct in office by public
officials or employees; and 5) extortion, 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
violation of the criminal law set forth above has
occurred, he makes a confidential report of his
findings, with recommendations for prosecution, to
the Attorney General and the State's Attorney hav-
ing jurisdiction to prosecute the matter. The State
Prosecutor need not make such a report to the
State's Attorney however, if the State Prosecutor's
findings and recommendations contain allegations
of offenses committed by the State's Attorney. If the
State's Attorney to whom the report is rendered
fails to file charges within 45 days in accordance
with the State Prosecutor's recommendations, the
State Prosecutor may prosecute such offenses. The
State Prosecutor may immediately prosecute of-
fenses set forth in his report and recommendations
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 does not recom-
mend prosecution, he reports his findings to the

Independent Agencies/473

person requesting the investigation. The report is
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, secs. 33A—33C).

STATE PROSECUTOR SELECTION
AND DISABILITIES COMMISSION

Chairperson: Eugene M. Feinblatt, 1988

Appointed by Governor (who also designates
chair): Russell T. Baker, Jr., 1988; Charles Cahn II,
1989; Barry A. Gold, 1989; Thomas E. Hickman,
1991; Barbara Sue Liebman.

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

233 E. Redwood St.
Baltimore, MD 21202 576-4211

The State Prosecutor Selection and Disabilities
Commission was created by Chapter 612, Acts of
1976 which took effect on January 1,1977.

When the Governor notifies the Commission
that a vacancy exists or is about to occur in the office
of the State Prosecutor, it seeks and reviews appli-
cations of proposed nominees for the position. The
Commission interviews and evaluates eligible appli-
cants and reports in writing to the Governor
(within seventy days after notification) the name of
the person or persons it finds to be legally and
professionally qualified. The Governor exercises the
power of appointment or rejection within thirty
days of receiving the Commission's report.

If, after a hearing, the Commission finds the
State Prosecutor guilty of misconduct in office,
persistent failure to perform the duties of the office,
or conduct prejudicial to the proper administration
of justice, the Commission may reprimand the State
Prosecutor or recommend to the Governor the
removal from office of the State Prosecutor. The
Commission also is empowered to investigate alle-
gations made against the State Prosecutor which, if
true, may warrant removal or discipline. In this
regard, the Commission may conduct hearings, ad-
minister oaths and affirmations, issue process to
compel attendance of witnesses and the production
of evidence, and require persons to testify and pro-
duce evidence by granting them immunity from
prosecution, penalty or forfeiture.

The Commission is comprised of seven mem-
bers. The Attorney General serves as an ex officio