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Ch.3
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2007 Laws of Maryland
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(1) THE ATTORNEY GENERAL SHALL DESIGNATE ONE OF THE
ASSISTANT ATTORNEYS GENERAL ASSIGNED TO THE DEPARTMENT AS COUNSEL TO
THE DEPARTMENT AND MAY NOT REASSIGN THAT INDIVIDUAL WITHOUT
CONSULTING WITH THE SECRETARY.
(2) THE COUNSEL MAY HAVE NO DUTY OTHER THAN TO GIVE THE
LEGAL AH), ADVICE, AND COUNSEL REQUIRED BY THE SECRETARY OR ANY OTHER
OFFICIAL OF THE DEPARTMENT, TO SUPERVISE THE OTHER ASSISTANT ATTORNEYS
GENERAL ASSIGNED TO THE DEPARTMENT, AND TO PERFORM FOR THE
DEPARTMENT THE DUTIES THAT THE ATTORNEY GENERAL ASSIGNS.
(3) THE COUNSEL SHALL PERFORM THE DUTIES SPECIFIED IN
PARAGRAPH (2) OF THIS SUBSECTION SUBJECT TO THE CONTROL AND DISCRETION
OF THE ATTORNEY GENERAL.
REVISOR'S NOTE: This section is new language derived without substantive
change from the first through the fifth and the eighth sentences and, as it
related to the counsel to the Department, the sixth sentence of former Art.
41, § 6-103(d).
In subsection (a) of this section, the former reference to "agencies ... of
government" in the Department is deleted in light of the generic reference
to a "unit" in the Department. Correspondingly, in subsection (c) of this
section, the reference to "units" is substituted for the former reference to
"various departments, agencies, boards, commissions, [and] councils". See
General Revisor's Note to article.
In subsection (c) of this section, the former reference to units "which are
herein, or may hereafter by law be deemed to be part of the Department" is
deleted as implicit in the reference to "the Department and its units".
In subsection (d)(1) of this section, the reference to "individual" is
substituted for the former reference to "counsel" for clarity because the
restriction on reassignment applies to the individual designated as
counsel, not to the title "counsel".
In subsection (d)(2) of this section, the former reference to "legal" duties is
deleted as surplusage.
Also in subsection (d)(2) of this section, the former phrase "from time to
time" is deleted as surplusage.
The seventh sentence and, as it related to the other assistant Attorneys
General, the sixth sentence of former Art. 41, § 6-103(d), which authorized
the Attorney General to assign duties to assistant Attorneys General,
required them to perform the assigned duties, required them to be lawyers,
and provided for their compensation, are deleted as unnecessary in light of
SG § 6-105.
Defined terms: "Department" § 2-101
"Secretary" § 2-101
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- 34 -
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