1696

LAWS OF MARYLAND

Ch. 612

Supplement) be and they are hereby repealed and
reenacted, with amendments, to read as follows:

Article 10 - Attorneys at Law and Attorneys
in Fact

STATE PROSECUTOR

33A.

(a)    The office of State [[prosecutor]] 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]] 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]] Prosecutor unless, HE HAS EXECUTED AN
AFFIDAVIT UNDER OATH THAT THE PERSON WILL NOT ACCEPT
APPOINTMENT TO. OR BE A CANDIDATE FOR. ANY STATE OR LOCAL
OFFICE. WHETHER APPOINTIVE OR ELECTIVE, DURING HIS
SERVICE AS THE STATE PROSECUTOR AND FOR A THREE YEAR

PERIOD AFTER THE PERSON LAST SERVES AS THE STATE

PROSECUTOR, AND at the time of his appointment, he has
actively and lawfully practiced law in Maryland for at
least five years. DURING HIS SERVICE AS THE STATE
PROSECUTOR, THE PERSON SHALL RENEW THE AFFIDAVIT EVERY

TWO YEARS. AND FAILURE TO DO SO__SHALL SUBJECT HIM TO

REMOVAL FROM OFFICE PURSUANT TO THIS SECTION.

(c)    The State [[prosecutor]] 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]] 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.

[[(E) FOR A THREE YEAR PERIOD AFTER A PERSON LAST
SERVES AS THE STATE PROSECUTOR, THE PERSON MAY NOT BE A
CANDIDATE FOR ANY STATE OR LOCAL ELECTIVE OFFICE OTHER
THAN A JUDICIAL OFFICE CREATED UNDER ARTICLE IV OF THE
CONSTITUTION TO WHICH THE PERSON HAS THERETOFORE BEEN
APPOINTED.]]

33B.

(a) The State [[prosecutor]] Prosecutor has the
duties, powers, and responsibilities set forth in this
section.