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Maryland Manual, 1996-97
Volume 187, Page 576   View pdf image (33K)
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ORGANIZATIONAL STRUCTURE

STATE PROSECUTOR

Stephen Montanarelli, State Prosecutor
(appointed by Governor upon nomination of State
Prosecutor Selection & Disabilities Commission),
1989 (410)321 4067
Deborah A Amig, Administrative Aide
(410) 321 4067
SENIOR ASSISTANT STATE PROSECUTORS
Thomas M McDonough (410) 321 4067
A Thomas Krehely (410) 321 4067
ASSISTANT STATE PROSECUTOR
Isabel M Cummmg (410)3214067

CHIEF INVESTIGATOR

James I Cabezas (410) 321 4067

The office of State Prosecutor was established by
Constitutional amendment (Chapter 612, Acts of
1976, ratified Nov 2, 1976) An independent unit
within the Office of the Attorney General, the State
Prosecutor's office began operation January 1977
The State Prosecutor may investigate on his own
initiative, or at the request of the Governor, the
Attorney General, the General Assembly, the State
Ethics Commission, or a State's Attorney, certain
criminal offenses These include violations of State
laws on elections, public ethics, or bribery involving
public officials or employees, misconduct in office by
pubhc officials or employees, and extortion, per|ury,
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 alleged cnmes con
ducted partly in Maryland and partly in another
Jurisdiction, or in more than one political subdivision
of the State 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
If a violation of the criminal law has occurred, the
State Prosecutor makes a confidential report of these
findings, with recommendations tor prosecution, to
die Attorney General and the State's Attorney having
jurisdiction to prosecute the matter Such a report
need not be made to the State's Attorney, however, if
the State Prosecutor's findings and recommendations
contain allegations of otfenses committed by the
State's Attorney If Ac State's Attorney to whom the
report is rendered fails to file charges within 45 days
in accordance with die State Prosecutor's recommen
dations, the State Prosecutor may prosecute such
ottenses The State Prosecutor immediately may
prosecute offenses set forth in the report and recom
mendations if they are alleged to have been committed
by a State's Attorney
Where no violanon of the criminal law has occurred
or prosecution is not recommended, the State Prose
cutor reports these findings to die person requesting
the investigation The report is made available to the
pubhc it the subject of the investigation so requests
Nominated by the State Prosecutor Selection
and Disabilities Commission, the State Prosecutor

is appointed by the Governor to a six year term
(Code 1957, Art 10, sees 33A—33C)

STATE PROSECUTOR SELECTION
& DISABILITIES COMMISSION

Eugene M Feinblatt, Chair, 1988

Appointed by Governor (who nami,s chair) Barbara
Sue Liebman, 1987, Charles Cahn II, 1989, Barry
A Gold, 1989, two vacancies

Ex officio J Joseph Curran, Jr , Attorney General

233 East Redwood St
Baltimuic, MD 21202—3332 (410) 576 4211

The State Prosecutor Selection and Disabilities
Commission was created by a 1976 law which took
effect on January 1, 1977 (C hapter 612, Acts of
1976)
When the Governor notifies the Commission
that a vacancy exists or is about to occur in the office
of State Prosecutor, the Commission seeks and
reviews applications of proposed nominees for the
position The Commission then interviews and
evaluates eligible applicants and reports in writing
to the Governor (within seventy days after notifica
tion) the name of the person or persons it finds to
be legally and professionall} qualified The Gover
nor may appoint or reject 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 alle
gations made against the State Prosecutor which, if
true, may warrant removal or discipline In this
regard, the Commission may conduct hearings,
administer 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 immunitv from
prosecution, penalty, or forfeiture
The Commission has seven members Six are
appointed to four year terms by the Governor Of
those appointed, two are nominees of the Senate
President, two are nominees of the Speaker of the
House of Delegates, one is nominated by the Board
of Governors of the Maryland State Bar Associa
tion One—an incumbent State's Attorne) at the
time of appointment and throughout the term of
service — is nominated bv the governing board of
the Maryland State's Attorneys' Association One
serves ex officio The Governor names the chair
(Code 1957, Art 10, sees 33D 331-)

 

 



 
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Maryland Manual, 1996-97
Volume 187, Page 576   View pdf image (33K)
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