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Session Laws, 1973, Special Session
Volume 710, Page 38   View pdf image
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38                                       LAWS OF MARYLAND                            [Ch. 2

officers.

The compensation provisions of the present
law are retained in subsection (b), and a
blanket provision added to cover officers
for whom no specific provision exists, in
paragraph (4) of subsection (b).

Although Art. 26, §12 prohibits payments of
appearance fees only for defendants in
criminal cases, as a practical matter, the
State's attorney does not receive
appearance fees for prosecuting.
Therefore, subsection (b) (2) is broadened
to reflect this practice.

Subsection (c) provides for payment of a
special officer's fee. Some of the present
sections provide for taxing the fee as
costs, while others provide that the county
pay the fee; still others contain no
payment provision. Subsection (c) is
intended to give the court discretion in
this area.

SEC. 2-103. [[RESPONSIBILITY FOR DUTIES. ]] SUCESSOR
RESPONSIBLE FOR UNCOMPLETED DUTIES.

[[(A) OFFICER PERSONALLY RESPONSIBLE.

AN OFFICER IS PERSONALLY RESPONSIBLE FOR THE
PERFORMANCE OF HIS OFFICIAL DUTIES.

(B) SUCCESSOR RESPONSIBLE FOR UNCOMPLETED
DUTIES.]]

WHEN AN OFFICER LEAVES OFFICE FOR ANY REASON, ANY
DUTY NOT FULLY PERFORMED, INCLUDING THE COLLECTION OF
FEES, BECOMES THE RESPONSIBILITY OF HIS SUCCESSOR IN
OFFICE.

REVISOR'S NOTE: This section is new language
designed to replace the provisions (such as
Art. 87, §§ 21-25, 33-34, and 36) which
provide that when an officer leaves office
for any reason except death, his successor
shall finish any work in progress.
Sections 21-25, 33-34, and 36 of Art. 87
are proposed for repeal. When an officer
dies however, his duties devolve on his
personal representative. There is no

 

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Session Laws, 1973, Special Session
Volume 710, Page 38   View pdf image
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