1274

LAWS OF MARYLAND

[Ch. 255

the voters at the general election in November, 1976, of

SB ____ or HB ____; and, if neither such bill is enacted

and so ratified, this Act shall be null and void without
the necessity of further action by the General Assembly.

SECTION 12. AND BE IT FURTHER ENACTED, That subject
to the provisions of Section 11, this Act shall take
effect January 1, 1977.

SECTION 13. AND BE IT FURTHER ENACTED, That the
provisions of this Act, relating to payment by the State
of the compensation of the several State prosecutors,
shall take effect on July 1, 1977, The payment by the
State of the compensation for the professional employees
of the several State prosecutors' offices shall commence
on July 1, 1978.]]

33A. CREATED: QUALIFICATIONS: TERM: SALARY

(A)    THE OFFICE OF STATE PROSECUTOR IS CREATED AS
AN INDEPENDENT UNIT IN THE EXECUTIVE BRANCH AND FOR
ADMINISTRATIVE PURPOSES ONLY IS WITHIN THE OFFICE OF THE
ATTORNEY GENERAL. THE STATE PROSECUTOR SHALL BE
NOMINATED BY THE STATE PROSECUTOR SELECTION AND
DISABILITIES COMMISSION AND APPOINTED BY THE GOVERNOR
WITH THE ADVICE AND CONSENT OF THE SENATE FOR A TERM OF
SIX YEARS AND UNTIL HIS SUCCESSOR IS APPOINTED AND
QUALIFIES.

(B)    A PERSON IS NOT ELIGIBLE TO BE STATE
PROSECUTOR UNLESS. AT THE TIME OF HIS APPOINTMENT,   HE HAS
ACTIVELY AND LAWFULLY PRACTICED LAW IN MARYLAND FOR AT
LEAST FIVE YEARS.

(C) THE STATE PROSECUTOR SHALL RECEIVE THE SALARY
PROVIDED IN THE STATE BUDGET, BUT NOT LESS THAN THE
SALARY OF A JUDGE OF THE CIRCUIT COURT.

(D) THE STATE PROSECUTOR MAY BE REMOVED FROM
OFFICE BY THE GOVERNOR, BUT ONLY UPON THE RECOMMENDATION
OF THE STATE PROSECUTOR SELECTION AND DISABILITIES
COMMISSION, FOR MISCONDUCT IN OFFICE, PERSISTENT FAILURE
TO PERFORM THE DUTIES OF HIS OFFICE, OR CONDUCT
PREJUDICIAL TO THE PROPER ADMINISTRATION OF JUSTICE.

33B. DUTIES

(A)    THE STATE PROSECUTOR HAS THE DUTIES, POWERS,
AND RESPONSIBILITIES SET FORTH IN THIS SECTION.

(B)    EXCEPT WITH RESPECT TO OFFENSES ALLEGED TO BE
COMMITTED BY HIMSELF OR MEMBERS OF HIS STAFF, HE MAY, ON