PARRIS N. GLENDENING, Governor

Ch.31

(2) DURING THE PERIOD OF SERVICE AS THE STATE PROSECUTOR, THE
INDIVIDUAL SHALL RENEW THE AFFIDAVIT EVERY 2 YEARS, AND FAILURE TO DO
SO SHALL SUBJECT THE INDIVIDUAL TO REMOVAL FROM OFFICE UNDER THIS
SECTION.

(3) 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 6
YEARS AND UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES.

(C) REMOVAL.

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

(D) SALARY.

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.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 10, § 33A.

In subsection (b) of this section, the references to an "individual" are
substituted for the former references to a "person" because only an individual,
and not other entities that may be included in the term "person" under Art. 1,
§ 15 of the Code, may serve as State Prosecutor.

9-1202. GENERAL POWERS AND DUTIES.

THE STATE PROSECUTOR HAS THE DUTIES, POWERS, AND RESPONSIBILITIES
SET FORTH IN §§ 9-1203 THROUGH 9-1207 OF THIS SUBTITLE.

REVISOR'S NOTE: This section formerly was Art. 10, § 33B(a).

The only changes are in style.

9-1203. AUTHORITY TO INVESTIGATE OFFENSES.

(A) ON OWN INITIATIVE OR BY REQUEST.

(1) EXCEPT WITH RESPECT TO OFFENSES ALLEGED TO BE COMMITTED
BY THE STATE PROSECUTOR OR MEMBERS OF THE STATE PROSECUTOR'S STAFF,
THE STATE PROSECUTOR MAY, ON THE STATE PROSECUTOR'S OWN INITIATIVE, OR
AT THE REQUEST OF THE GOVERNOR, THE ATTORNEY GENERAL, THE GENERAL
ASSEMBLY, THE STATE ETHICS COMMISSION, OR A STATE'S ATTORNEY,
INVESTIGATE:

(I) CRIMINAL OFFENSES UNDER THE STATE ELECTION LAWS;

- 659 -