ATTORNEY GENERAL

J. Joseph Curran, Jr., Attorney General

200 St. Paul Place
Baltimore, MD 21202 (410) 576-6311

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 a State's
Attorney in each county and in Baltimore City
(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 voters 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 Gen-
eral must be a citizen of the State and a qualified
voter who has resided and practiced law in Mary-
land 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 Decem-
ber 20 following the election. The Attorney Gen-
eral 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 the Human Relations and Public
Service Commissions (whose counsel is appointed
by the Governor), and the State Ethics Commission
(which appoints its own counsel). The Attorney
General and assistant attorneys general represent
the State in all matters in which the interests of the
State are involved. This includes litigation in the
Court of Appeals, the Court of Special Appeals, the
Circuit Courts, the District Court of Maryland, as
well as the Supreme Court of the United States, the
United States Circuit Courts, and the United States
District Courts. The Attorney General's Office rep-
resents the Clerks of Court, the Registers of Wills,
the Sheriffs, and the State's Attorneys of the coun-
ties and Baltimore City. The Office does not repre-
sent 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 prom-
ulgated by any State officer or agency must be
submitted to the Attorney General for review be-
fore they may become effective. The Office is re-
sponsible for enforcement of the State Securities
Act, and for the Division of Consumer Protection
and the Antitrust Division. It also directs the Medi-
caid Fraud Control Unit which investigates and
prosecutes provider fraud.
The Attorney General serves on the Governor's
Advisory Board for Justice Administration; the
Commission on Correctional Standards; the Police
Training Commission; the Correctional Training
Commission; the Board of State Canvassers; the
Criminal Justice Information Advisory Board; the
Maryland State Employees Surety Bond Commit-
tee; and the State Prosecutor Selection and Dis-
abilities Commission. The Attorney General also is
a member of the Governor's Drug and Alcohol
Abuse Commission.

DEPUTY ATTORNEY GENERAL

Ralph S. Tyler, Deputy Attorney General
(410) 576-6342

The Deputy Attorney General oversees admini-
stration, the Medicaid Fraud Control Unit, and six
divisions: Antitrust; Civil Litigation; Consumer
Protection; Contract Litigation; Criminal Appeals;
and Criminal Investigations. The Deputy Attorney
General also is responsible for the assistant attor-
neys general assigned to certain State government
agencies.

PRO BONO PROGRAM COMMITTEE
Jack Schwartz, Chairperson
(410) 576-6344

ANTITRUST DIVISION

Ellen S. Cooper, Chief

200 St. Paul Place
Baltimore, MD 21202 (410) 576-6470

The Antitrust Division was created in 1972 and
is headed by an assistant attorney general (Chapter
357, Acts of 1972). The Division enforces the
Maryland Antitrust Act, which governs restraints of
trade, unfair competition, monopolies, and other
acts or practices that restrain or tend to restrain
trade and commerce within the State. The Act calls
for both civil and criminal enforcement of its provi-
sions and permits the Attorney General to cooper-
ate with officials of the federal government and the
several states in the enforcement of antitrust laws
(Code Commercial Law Article, secs. 11-201
through 11-213).