MARVIN MANDEL, Governor                                 2835

Annotated Code of Maryland

(1968 Replacement Volume and 1973 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 40(b) of Article 10 - Attorneys at
Law and Attorneys in Fact, of the Annotated Code of
Maryland (1968 Replacement Volume and 1973 Supplement) be
and it is hereby repealed and re—enacted, with
amendments, to read as follows:

Article 10 — Attorneys at Law and Attorneys in Fact
40.

(b) In Allegany County, (1) the State's Attorney's
salary shall be not less than [twelve thousand dollars
($12,000),] $12,000, in the discretion of the Board of
County Commissioners. DURING HIS TERMS OF OFFICE, THE
STATE'S ATTORNEY, EXCEPT IN CONNECTION WITH AND IN
PERFORMANCE OF HIS DUTIES AS THE STATE'S ATTORNEY, MAY
NOT APPEAR AS COUNSEL OR REPRESENT ANY PARTY
PROFESSIONALLY BEFORE ANY COURT, MAGISTRATE, BOARD,
COMMISSION, OR AGENCY OF THIS STATE OR ANY COUNTY OR
POLITICAL SUBDIVISION OF THIS STATE. IT IS INTENDED BY
THE PROVISIONS HEREIN THAT THE STATE'S ATTORNEY MAY NOT
ENGAGE IN THE PRIVATE PRACTICE OF LAS IN ANY MATTER
WHATSOEVER.

(2)    The State's Attorney may appoint a deputy
State's attorney[[, whose annual salary shall be not less
than]] [six thousand ($6,000) dollars.] [[$11,000,]] AND
AN ASSISTANT STATE'S ATTORNEY[[, WHOSE ANNUAL SALARY MAY
BE NOT LESS THAN $10,000]]. THE DEPUTY AND ASSISTANT
STATE'S ATTORNEYS MAY NOT BE PRECLUDED FROM THE PRIVATE
PRACTICE OF LAW.

(3)    The State's Attorney, [and] the deputy State's
attorney, [or either] AND THE ASSISTANT STATE'S ATTORNEY,
OR ANY ONE of them, shall present cases to the grand jury
and perform such other acts and duties in relation to the
grand jury, the circuit Court and the District Court as
are necessary and proper. In the absence of the State's
Attorney, the deputy State's attorney shall have the same
legal powers as the State's Attorney to represent the
State before grand juries and in the trial of criminal
proceedings. IN THE ABSENCE OF BOTH THE STATE'S ATTORNEY
AND THE DEPUTY STATE'S ATTORNEY, THE ASSISTANT STATE'S
ATTORNEY HAS THE SAME LEGAL POWERS AS THE STATE'S
ATTORNEY TO REPRESENT THE STATE BEFORE GRAND JURIES AND
IN THE TRIAL OF CRIMINAL PROCEEDINGS.