The State Prosecutor may investigate on his own
initiative, or at the request of the Governor, the
Attorney General, the General Assemble the State
Ethics Commission, or a State's Attorney the fol-
lowing criminal offenses: 1) State election law
violations; 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
General, General Assembly or a State's Attorney,
the State Prosecutor also may investigate criminal
activity 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
having 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 Scare Prosecutor's recommendations, the
State Prosecutor may prosecute such offenses. The
State Prosecutor may immediately prosecute offen-
ses 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
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, sees. 33A—33C).

STATE PROSECUTOR SELECTION
& DISABILITIES COMMISSION

Eugene M. Feinblatt, Chairperson, 1988

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

Ex offido: ]. Joseph Curran, Jr., Attorney General

Independent Agencies/541

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 applica-
tions of proposed nominees for the position. The
Commission interviews and evaluates eligible ap-
plicants 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 al-
legations 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
produce 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 offido
but voting member, and six members are appointed
by the Governor. Of those appointed, two persons
(only one of whom may be a lawyer) are selected
from nominees submitted by the Senate President,
and two persons (only one of whom may be a
lawyer) are selected from nominees submitted by
the Speaker of the House of Delegates. These per-
sons may not be members of the General Assembly
or full-time State employees. One person is selected
from nominees submitted by the Board of Gover-
nors of the Maryland Scare Bar Association. This
person must be a lawyer admitted to practice law in
Maryland. One person is selected from nominees
submitted by the Governing Board of the Maryland
State's Attorneys' Association. That person must be
an incumbent Stare's Attorney at the time of ap-
pointment and throughout the term of service on
the Commission. Members serve four-year terms.
The Governor designates the chairperson (Code
1957, Art. 10, sees. 33D-33F).