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MARVIN MANDEL, Governor 3377
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AN ACT concerning
Legal Counsel - Agencies Under Investigation
FOR the purpose of authorizing an agency under
investigation by a legislative investigating
committee to retain separate counsel upon being
advised by the Attorney General of a conflict of
interest in his representing the agency; and making
the retaining of separate counsel subject to
approval by the Board of Public Works.
BY repealing and reenacting, with amendments,
Article 32A - Department of Law
Section 5
Annotated Code of Maryland
(1976 Replacement Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 5 of Article 32A - Department of
Law, of the Annotated Code of Maryland (1976 Replacement
Volume and 1976 Supplement) be and it is hereby repealed
and reenacted, with amendments, to read as follows:
Article 32A - Department of Law
5.
(A) It is unlawful for any board, commission,
department, officer or institution of the State
government to retain or employ or to continue the
employment of any counsel or legal adviser whatever, in
connection with the performance of their, its or his
duties, or to be represented, in the performance of any
of the duties imposed upon them, it or him, by any
counsel or legal adviser whatever, other than the
Attorney General, his deputies or assistants, or a
special attorney or counsel appointed by the Attorney
General.
(B) IF AN INVESTIGATING COMMITTEE OF THE GENERAL
ASSEMBLY IS REPRESENTED BY THE ATTORNEY GENERAL AND IF,
IN THE OPINION OF THE ATTORNEY GENERAL, REPRESENTATION OF
AN INVESTIGATING COMMITTEE OF THE GENERAL ASSEMBLY AND AN
AGENCY UNDER INVESTIGATION BY THAT COMMITTEE OR AFFECTED
THEREBY, INVOLVES OR REASONABLY MAY INVOLVE A CONFLICT OF
INTEREST, THE ATTORNEY GENERAL SHALL SO ADVISE IN WRITING
THE AGENCY IN QUESTION AND THE STATE BOARD OF PUBLIC
WORKS. THE AGENCY, UPON RECEIPT OF THE NOTICE, MAY
RETAIN SEPARATE COUNSEL, SUBJECT TO APPROVAL BY THE STATE
BOARD OF PUBLIC WORKS.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
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