MARVIN MANDEL, Governor
1265
PROSECUTORS DISABILITIES COMMISSION
33E. CREATION; COMPOSITION
(A) THE PROSECUTORS DISABILITIES COMMISSION IS
CREATED. IT CONSISTS OF THE ATTORNEY GENERAL, EX
OFFICIO, BUT WITH POWER TO VOTE, AND FOUR PERSONS
APPOINTED BY THE GOVERNOR, AS FOLLOWS:
(1) ONE PERSON SHALL BE THE NOMINEE
SUBMITTED BY THE PRESIDENT OF THE SENATE. THIS PERSON
SHALL NOT BE A MEMBER OF THE GENERAL ASSEMBLY, A LAWYER,
OR A FULL-TIME STATE EMPLOYEE.
(2) ONE PERSON SHALL BE THE NOMINEE
SUBMITTED BY THE SPEAKER OF THE HOUSE OF DELEGATES. THIS
PERSON SHALL NOT BE A MEMBER OF THE GENERAL ASSEMBLY, A
LAWYER, OR A FULL-TIME STATE EMPLOYEE.
(3) ONE PERSON SHALL BE THE NOMINEE
SUBMITTED BY THE BOARD OF GOVERNORS OF THE MARYLAND STATE
BAR ASSOCIATION, INCORPORATED. THIS PERSON SHALL BE A
LAWYER ADMITTED TO PRACTICE LAW IN MARYLAND.
(4) ONE PERSON SHALL BE THE NOMINEE
SUBMITTED BY THE GOVERNING BOARD OF THE MARYLAND STATES
ATTORNEYS ASSOCIATION, INCORPORATED, OR ITS SUCCESSOR.
THIS PERSON SHALL BE AN INCUMBENT STATE PROSECUTOR.
(B) THE GOVERNOR MAY REJECT A NOMINEE FOR CAUSE,
IN WHICH EVENT THE NOMINATING PERSON OR ASSOCIATION SHALL
SUBMIT ANOTHER NOMINEE. THE GOVERNOR, IF HE REJECTS A
NOMINEE, SHALL STATE IN WRITING TO THE NOMINATING PERSON
OR ASSOCIATION THE REASONS FOR HIS REJECTION. THIS
STATEMENT IS CONFIDENTIAL, SECRET, AND PRIVILEGED;
HOWEVER, THE NOMINATING PERSON OR ASSOCIATION MAY MAKE IT
PUBLIC.
(C) THE TERMS OF THE APPOINTED MEMBERS ARE FOUR
YEARS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND
QUALIFY. HOWEVER, OF THE INITIAL APPOINTEES, ONE SHALL
HAVE AN INITIAL TERM OF FOUR YEARS, ONE SHALL HAVE AN
INITIAL TERM OF THREE YEARS, ONE SHALL HAVE AN INITIATE
TERM OF TWO YEARS, AND ONE SHALL HAVE AN INITIAL TERM OF
ONE YEAR. MEMBERS ARE ELIGIBLE FOR REAPPOINTMENT.
(D) THE MEMBERS OF THE COMMISSION SHALL NOT
RECEIVE COMPENSATION BUT SHALL BE REIMBURSED FOR THEIR
REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
DUTIES, AS PROVIDED IN THE STATE BUDGET.
33F. REMOVAL, DISCIPLINE, RETIREMENT OF CHIEF STATE
PROSECUTOR AND STATE PROSECUTORS
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