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Maryland Manual, 1989-90
Volume 184, Page 662   View pdf image (33K)
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662/Maryland Manual

The State's Attorneys.

SEC. 7.157 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, 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 removal
therefrom, for incompetency, willful 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 recommenda-
tion of the Attorney-General.

SEC. 8. All elections for the State's Attorney shall be
certified to, and Returns made thereof, by the Clerks of the
said Counties and City, to the Judges thereof, having
criminal jurisdiction, respectively, whose duty it shall be to
decide upon the elections and qualifications of the Persons
returned; and, in case of a tie between two or more persons,
to designate which of said persons shall qualify as State's
Attorney, and to administer the oaths of office to the Person
elected.

SEC. 9.1S8 The State's Attorney shall porfo^m such
duties and receive such salary as shall be prescribed by the
General Assembly. If 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 Attorney for Baltimore
City shall have the powe^ to appoint a Deputy and such
other assistants as the Supreme Bench of Baltimore City
may authorize or approve and until otherwise provided by
the General Assembly, the said State's Attorney, Deputy
and Assistants shall receive the following annual salaries:
State's Attorney, seven thousand five hundred dollars; Dep-
uty State's Attorney five thousand dollars; Assistant State's
Attorneys, four thousand dollars each; said salaries, or such
salaries as the General Assembly may subsequently provide
and such expenses for conducting the office of the State's
Attorney as the Supreme Bench of Baltimore City may
authorize or approve shall be paid by the Mayor and City
Council of Baltimore to the extent that the total of them
exceeds the fees of his office, or as the General Assembly
shall otherwise provide, and the Mayor and City Council
of Baltimore shall not be liable for appearance fees to the
State's Attorney.

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. 11.159 In case of a vacancy in the office of State's
Attorney, or of his removal from the county or city in which
he shall have been elected, or on his conviction as herein
specified, the Judge or Judges resident in the county or, if
there be no resident Judge, the Judge or Judges having
jurisdiction in the Circuit Court of the county in which the

Article V

vacancy occurs, or by the Supreme Bench of Baltimore City
for a vacancy occurring in Baltimore City, shall appoint a
person to fill the vacancy for the residue of the term.

SEC. 12.160 The State's Attorney in each County, and
the City of Baltimore, shall have authority to collect, and
give receipt, 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 accounting
officer. And the State's Attorney of each county, and the
City of Baltimore, before he shall enter on the discharge of
his duties, and from time to time thereafter, shall give such
co^rafe surety bond as may hereafter be prescribed by
Act of the General Assembly.

ARTICLE VI.

TREASUKTDEEAKTMENT.

SECTION I.161 There shall be a Treasury Depart-
ment, consisting of a Comptroller chosen by the qualified
electors of the State, who shall receive such salary as may
be fixed by law; and a Treasurer, to be appointed on joint
ballot by the two Houses of the Legislature at each regular
session in which begins the term of the Governor, who shall
receive such salary as may be fixed by law. The terms of
office of the Comptroller and Treasurer shall be for four
years, and until their successors shall qualify; and neither
of the officers shall be allowed, or receive any fees, com-
missions or perquisites of any kind in addition to his salary
for the performance of any duty or services whatsoever. In
case of a vacancy in the office of the Comptroller by death
or otherwise, the Governor, by and with the advice and
consent of the Senate, shall fill such vacancy by appoint-
ment, to continue until another election and until the
qualification of the successor. In case of a vacancy in the
office of the Treasurer by death or otherwise, the Deputy
Treasurer shall act as Treasurer until the next regular or
extraordinary session of the Legislature following the cre-
ation of the vacancy, whereupon the Legislature shall
choose a successor to serve for the duration of the unex-
pired term of office. The Comptroller and the Treasurer
shall keep their offices at the seat of government, and shall
take such oaths and enter into such bonds for the faithful
discharge of their duties as are now or may hereafter be
prescribed by law.

SEC. 2.162 The Comptroller shall have the general
superintendence of the fiscal affairs of the State; he shall
digest and prepare plans for the improvement and manage-
ment of the revenue, and for the support of the public
credit; prepare and report estimates of the revenue and
expenditures of the State; superintend and enforce the
prompt collection of all taxes and revenues; adjust and
settle, on terms prescribed by law, with delinquent collec-
tors and receivers of taxes and State revenue; preserve all
public accounts; and decide on the forms of keeping and
stating accounts. He, or such of his deputies as may be
authorized to do so by the Legislature, shall grant, under

157   Amended by Chapter 99, Acts of 1956, ratified Nov. 6,1956; Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

158   Amended by Chapter 185, Acts of 1900, ratified Nov. 5,1901; Chapter 624, Acts of 1912, ratified Nov. 4,1913; Chapter
177, Acts of 1924, ratified Nov. 4,1924; Chapter 490, Acts of 1943, ratified Nov. 7,1944; Chapter 545, Acts of 1976,
ratified Nov. 2,1976.

159   Amended by Chapter 522, Acts of 1957, ratified Nov. 4,1958; Chapter 14, Acts of 1959, ratified Nov. 8,1960; Chapter 681,
Acts of 1977, ratified Nov. 7,1978.

160   Amended by Chapter 529, Acts of 1945, ratified Nov. 5,1946.

161   Amended by Chapter 141, Acts of 1922, ratified Nov. 7, 1922; Chapter 428, Acts of 1966, ratified Nov. 8,1966; Chapter
640, Acts of 1976, ratified Nov. 2,1976; Chapter 681, Acts of 1977, ratified Nov. 7,1978.

162   Amended by Chapter 632, Acts of 1973, ratified Nov. 5,1974.

 

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Maryland Manual, 1989-90
Volume 184, Page 662   View pdf image (33K)
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