________________________ORIGIN & FUNCTIONS________________________

The office of Attorney General was established by the Constitution of 1776 (sec. 48). In 1817, the
office was abolished by Constitutional amendment (Chapter 247, Acts of 1816, ratified 1817). The
General Assembly in 1818 recreated the office by statute (Chapter 146, Acts of 1817). By 1851, the
Attorney General's duties were fulfilled by the State's Attorney (Const. 1851, Art. V sec. 3). The office
of Attorney General was reestablished by the Constitution of 1864 (Art. 'V, sec. 1).

The Attorney General is elected by the people for a term of four years (Const., Art. 'V, sec. 1). There
is no limit to the number of consecutive terms which an Attorney General may serve. The Attorney General
must be a citizen of the State and a qualified voter who has resided and practiced law in Maryland for at
least ten years prior to election. The date on which the Attorney General takes office is not specified by
law but customarily occurs on December 20 following the election. The Attorney General receives an
annual salary of $100,000. The Attorney General heads the Office of the Attorney General, formerly
known as the State Law Department, which was established in 1916 (Chapter 560, Acts of 1916).

The Attorney General serves as legal counsel to the Governor, the General Assembly the Judiciary, and
to all departments, boards, and commissions of the State, except die Human Relations and Public Service
Commissions, whose counsel is appointed by the Governor, and the Scare Ethics Commission, which
appoints its own counsel. The Attorney General and assistants represent the State in all matters in which
the interests of the State are involved. This includes litigation in the Court of Appeals of Maryland, the
Court of Special Appeals of Maryland, the Circuit Courts and District Court of Maryland, the Supreme
Court of the United States, the United States Circuit Courts and the United States District Courts. The
Attorney General's Office represents the Clerks of Court, the Registers ofWills, the Sheriffs, and the State's
Attorneys of the counties and Baltimore City The Office does not represent the charter or noncharter
counties, the County Boards of Education, the Boards of Supervisors of Elections (except in Baltimore
City), or such other boards or officials of the counties that employ their own counsel. The Attorney General
may render an opinion on any legal subject or matter upon the request of the Governor, the General
Assembly (or either house thereof), or any department or agency of the State.

The administrative rules and regulations promulgated by any State officer or agency must be submitted
to the Attorney General for review before they may become effective. The Office is responsible for
enforcement of the State Securities Act, and for the Division of Consumer Protection and the Antitrust
Division. It also directs the Medicaid Fraud Control Unit which investigates and prosecutes provider fraud.