1138

LAWS OF MARYLAND

Ch. 284

(3) COMPENSATION THAT CANNOT BE ASCERTAINED IN
ADVANCE MAY BE AGREED ON OR ADJUSTED LATER.

(C)  SPECIAL COUNSEL FOR STATE OFFICER OR EMPLOYEE.

(1)  IN ADDITION TO ANY OTHER STAFF APPOINTED UNDER
THIS SECTION, THE ATTORNEY GENERAL MAY EMPLOY SPECIAL COUNSEL TO
DEFEND A STATE OFFICER OR STATE EMPLOYEE UNDER TITLE 12, SUBTITLE
3 OF THIS ARTICLE IF THE ATTORNEY GENERAL DETERMINES THAT
REPRESENTATION BY THE ATTORNEY GENERAL OR AN ASSISTANT IS
IMPRACTICABLE OR UNECONOMICAL.

(2)  THE SPECIAL COUNSEL IS ENTITLED TO COMPENSATION,
AS SET BY THE ATTORNEY GENERAL AND APPROVED BY THE BOARD OF
PUBLIC WORKS, FROM THE FUNDS OF THE UNIT THAT EMPLOYS THE STATE
OFFICER OR STATE EMPLOYEE WHO IS BEING DEFENDED OR AS OTHERWISE
PROVIDED BY LAW.

(D)  QUALIFICATIONS OF CERTAIN STAFF.

EACH DEPUTY ATTORNEY GENERAL, ASSISTANT ATTORNEY GENERAL, OR
SPECIAL ATTORNEY APPOINTED UNDER SUBSECTION (A) OF THIS SECTION
SHALL BE A PRACTICING LAWYER OF THE STATE IN GOOD STANDING.

(E)  DELEGATION OF DUTIES.

(1)  THE ATTORNEY GENERAL MAY ASSIGN ANY DUTY THAT THE
LAW IMPOSES ON THE ATTORNEY GENERAL TO A DEPUTY ATTORNEY GENERAL,
ASSISTANT ATTORNEY GENERAL, OR SPECIAL ATTORNEY APPOINTED UNDER
SUBSECTION (A) OF THIS SECTION OR, TO THE EXTENT PERMITTED BY
LAW, A LAW CLERK.

(2)  THE DEPUTY ATTORNEY GENERAL, ASSISTANT ATTORNEY
GENERAL, SPECIAL ATTORNEY, OR LAW CLERK SHALL PERFORM THE
ASSIGNED DUTY, SUBJECT TO THE CONTROL OF THE ATTORNEY GENERAL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 32A, §§ 11
and 12E, the first through fourth sentences of § 6,
the first sentence of § 7, and, as it related to
assistants, the second clause of the third sentence of
§ 8.

Subsection (a)(1) of this section is revised in
standard language to provide for "staff", and the
former, specific lists of types of staff are deleted
as unnecessary.

In subsection (a)(4) of this section, the word
"[s]taff" is substituted for the former, ambiguous
reference to "assistants", which could be read as a
limited reference to those staff who are designated
"assistant attorneys general" or as a broad, if
archaic, term for staff. This substitution is based
on the latter reading and conforms to practice.