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Session Laws, 1997
Volume 795, Page 665   View pdf image
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PARRIS N. GLENDENING, Governor

Ch.31

IS ABOUT TO OCCUR IN THE OFFICE OF THE STATE PROSECUTOR, THE COMMISSION
SHALL SEEK AND REVIEW APPLICATIONS OF PROPOSED NOMINEES FOR THE
POSITION.

(2) THE COMMISSION SHALL NOTIFY THE MARYLAND STATE BAR
ASSOCIATION, INCORPORATED, OF THE VACANCY, AND SHALL REQUEST
RECOMMENDATIONS FROM THAT ASSOCIATION.

(3) THE COMMISSION SHALL ALSO SEEK RECOMMENDATIONS FROM
INTERESTED CITIZENS AND GROUPS AND FROM MEMBERS OF THE COMMISSION.

(B) NOMINATION PROCESS.

THE COMMISSION SHALL INTERVIEW AND EVALUATE EACH ELIGIBLE
APPLICANT AND SHALL SELECT AND NOMINATE TO THE GOVERNOR THE NAME OF
THE INDIVIDUAL OR INDIVIDUALS IT FINDS TO BE LEGALLY AND PROFESSIONALLY
QUALIFIED BY A VOTE, TAKEN BY SECRET BALLOT, OF A MAJORITY OF THE ENTIRE
AUTHORIZED MEMBERSHIP OF THE COMMISSION.

(C) REPORT OF NOMINATION TO GOVERNOR.

THE COMMISSION SHALL REPORT TO THE GOVERNOR, IN WRITING, THE NAME
OF THE INDIVIDUAL OR INDIVIDUALS IT NOMINATES WITHIN 70 DAYS AFTER
NOTIFICATION THAT A VACANCY EXISTS OR IS ABOUT TO OCCUR.

(D) REJECTION OF NOMINEE.

(1) THE GOVERNOR MAY REJECT THE NOMINEE FOR CAUSE, IN WHICH
EVENT THE COMMISSION SHALL SUBMIT ANOTHER NOMINEE.

(2) IF THE GOVERNOR REJECTS THE NOMINEE, THE GOVERNOR SHALL
STATE IN WRITING TO THE COMMISSION THE REASONS FOR THE REJECTION.

(3) THIS STATEMENT IS CONFIDENTIAL, SECRET, AND PRIVILEGED.

(4) THE COMMISSION MAY MAKE THE STATEMENT PUBLIC.

(5) A COPY OF THE STATEMENT SHALL BE FURNISHED TO THE

NOMINEE.

(6) THE STATEMENT SHALL BE CONFIDENTIAL AND PRIVILEGED
UNLESS THE PRIVILEGE IS DEEMED WAIVED BY THE NOMINATING COMMISSION BY
THE ACTS OF THE NOMINEE IN PRESENTING TO THE PUBLIC THE REASON FOR
REJECTION.

(E) TIMING OF APPOINTMENT OR REJECTION.

THE GOVERNOR SHALL EXERCISE THE POWER OF APPOINTMENT OR
REJECTION WITHIN 30 DAYS OF RECEIPT OF THE COMMISSION'S REPORT.

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

In subsections (b) and (c) of this section, the phrase "individual or

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Session Laws, 1997
Volume 795, Page 665   View pdf image
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