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Maryland Manual, 1994-95
Volume 186, Page 860   View pdf image
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860 /Maryland Manual 1994-1995

exercise such powers and perform such duties as now are
or may hereafter be fixed by law.

In case of vacancy by death, resignation, refusal to serve,
or neglect to qualify or give bond, or by disqualification or
removal from the County or City, the Governor shall appoint
a person to be Sheriff for the remainder of the official term.

The Sheriff in each county and in Baltimore City shall
receive such salary or compensation and such expenses
necessary to the conduct of his office as may be fixed by
law. All fees collected by the Sheriff shall be accounted for
and paid to the Treasury of the several counties and of
Baltimore City, respectively.

SEC. 45.155 Notaries Public may be appointed for
each county and the city of Baltimore, in the manner, for
the purpose, and with the powers now fixed, or which may
hereafter be prescribed by Law.

ARTICLE V.

ATTORNEY-GENERAL AND
STATE'S ATTORNEYS.

Attorney -General.

SEC. 1.156 There shall be an Attorney-General elected
by the qualified voters of the State, on general ticket, on
the Tuesday next after the first Monday in the month of
November, nineteen hundred and fifty-eight, and on the
same day, in every fourth year thereafter, who shall hold his
office for four years from the time of his election and
qualification, and until his successor is elected and quali-
fied, and shall be re-eligible thereto, and shall be subject to
removal for incompetency, willful neglect of duty or mis-
demeanor in office, on conviction in a Court of Law.

SEC. 2. All elections for Attorney-General shall be
certified to, and returns made thereof by the Clerks of the
Circuit Courts for the several counties, and the Clerk of the
Superior Court of Baltimore City, to the Governor of the
State, whose duty it shall be to decide on the election and
qualification of the person returned; and in case of a tie
between two or more persons, to designate which of said
persons shall qualify as Attorney-General, and to adminis-
ter the oath of office to the person elected.

SEC. 3.157 (a) The Attorney General shall:
(1) Prosecute and defend on the part of the State all
cases pending in the Appellate Courts of the State, in the
Supreme Court of the United States or the inferior Federal
Courts, by or against the State, or in which the State may
be interested, except those criminal appeals otherwise pre-
scribed by the General Assembly.
(2) Investigate, commence, and prosecute or defend any
civil or criminal suit or action or category of such suits or
actions in any of the Federal Courts or in any Court of this
State, or before administrative agencies and quasi legislative
bodies, on the part of the State or in which the State may be
interested, which the General Assembly by law or joint
resolution, or the Governor, shall have directed or shall direct
to be investigated, commenced and prosecuted or defended.
(3) When required by the General Assembly by law or
joint resolution, or by the Governor, aid any State's Attor-

Article V

ney or other authorized prosecuting officer in investigat-
ing, commencing, and prosecuting any criminal suit or
action or category of such suits or actions brought by the
State in any Court of this State.
(4) Give his opinion in wnting whenever required by
the General Assembly or either branch thereof, the Gover-
nor, the Comptroller, the Treasurer or any State's Attorney
on any legal matter or subject.
(b) The Attorney General shall have and perform any
other duties and possess any other powers, and appoint the
number of deputies or assistants, as the General Assembly
from time to time may prescribe by law.
(c) The Attorney General shall receive for his services
the annual salary as the General Assembly from time to
time may prescribe by law, but he may not receive any fees,
perquisites or rewards whatever, in addition to his salary,
for the performance of any official duty.
(d) The Governor may not employ any additional
counsel, in any case whatever, unless authorized by the
General Assembly.

SEC. 4. No person shall be eligible to the office of
Attorney General, who is not a citizen of this State, and a
qualified voter therein, and has not resided and practiced
Law in this State for at least ten years.

SEC. 5.158 In case of vacancy in the office of Attorney
General, occasioned by death, resignation, removal from
the State, or from office, or other disqualification, the
Governor shall appoint a person to fill the vacancy for the
residue of the term.

SEC. 6.159 It shall be the duty of the Clerk of the Court
of Appeals and the Clerks of any intermediate courts of
appeal, respectively, whenever a case shall be brought into
said Courts, in which the State is a party or has interest,
immediately to notify the Attorney General thereof.

The State's Attorneys.

SEC. 7.160 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 admin-
ister the oaths of office to the Person elected.

SEC. 9.161 The State's Attorney shall perform such
duties and receive such salary as shall be prescribed by the
General Assembly. If any State's Attorney shall receive any

 

155 Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

156 Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.

157 Amended by Chapter 663, Acts of 1912, ratified Nov. 4, 1913; Chapter 10, Acts of 1966, ratified Nov. 8,1966; Chapter 545,
Acts of 1976, ratified Nov. 2, 1976.

158 Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

159 Amended by Chapter 10, Acts of 1966, ratified Nov. 8, 1966; Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

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



 
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Maryland Manual, 1994-95
Volume 186, Page 860   View pdf image
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