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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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Sec. 5. In case of vacancy in the office
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See Section 4.18, Qualifications, p. 77.
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of Attorney General, occasioned by death,
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resignation, removal from the State, or from
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office, or other disqualification, the said
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vacancy shall be filled by the Governor, for
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the residue of the term thus made vacant.
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Sec. 6. It shall be the duty of the Clerk
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of the Court of Appeals and the Clerks of
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any intermediate courts- of appeal and of
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the Commissioner of the Land Office, re-
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spectively, whenever a case shall be brought
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into said Courts, or office, in which the
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State is a party, or has interest, immediately
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to notify the Attorney General thereof.
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The State's Attorneys.
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Sec. 7. There shall be an Attorney for
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Section 4.35. State's Attorney.
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the State in each county, and the City of
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There shall be a state's attorney in each
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Baltimore, to be styled "The State's Attor-
ney," who shall be elected by the voters
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county or district which may be prescribed
by the General Assembly by law. He shall be
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thereof, respectively, on the Tuesday next
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elected by the voters of the county or district
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after the first Monday of November, in the
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in which he seeks office. The term of office,
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year, nineteen hundred and fifty-eight, and
on the same day every fourth year there-
after; and shall hold his office for four
years from the first Monday in January next
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functions, powers, duties, method of filling
vacancies, and all other matters relating to
the office shall be prescribed by the General
Assembly by law.
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ensuing his election, and until his successor
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shall be elected and qualified; and shall be
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re-eligible thereto, and be subject to removal
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therefrom, for incompetency, willful neglect
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of duty, or misdemeanor in office, on con-
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viction in a Court of Law, or by a vote of
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two-thirds of the Senate, on the recommen-
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dation of the Attorney General.
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Sec. 8. All elections for the State's
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See Section 435, State's Attorney, p. 79.
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Attorney shall be certified to, and Returns
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made thereof, by the Clerks of the said
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counties and city, to the Judges thereof,
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having criminal jurisdiction, respectively,
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whose duty it shall be to decide upon the
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elections and qualifications of the Persons
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returned; and, in case of a tie between two
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or more Persons, to designate which of said
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Persons shall qualify as State's Attorney,
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and to administer the oaths of office to the
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Person elected.
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Sec. 9. The State's Attorney shall per-
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See Section 435, State's Attorney, p. 79.
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form such duties and receive such salary
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as shall be prescribed by Law; and if any
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State's Attorney shall receive any other fee
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or reward than such as is or may be
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allowed by Law, he shall, on conviction
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thereof, be removed from office; provided,
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that the State's Attorney for Baltimore City
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shall have the power to appoint a Deputy
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