300 East Joppa Road, Towson, Maryland, May 2004. Photo by Diane F. Evartt.
If a violation of the criminal law is established, the State Prosecutor makes a confidential report of these findings, with recommendations for prosecution, to the Attorney General and the State's Attorney having jurisdiction. The report need not be made to the State's Attorney, however, if the State Prosecutor alleges offenses were committed by the State's Attorney. If the State's Attorney to whom the report is made fails to file charges within 45 days in accordance with the State Prosecutor's recommendations, the State Prosecutor may initiate prosecution. The State Prosecutor immediately may prosecute the offenses in the report and recommendations if they are alleged to have been committed by a state's attorney.
Where no violation of the criminal law has occurred or prosecution is not recommended, the State Prosecutor reports these findings to the person requesting the investigation. The report is made available to the public if the subject of the investigation so requests.
Nominated by the State Prosecutor Selection and Disabilities Commission, the State Prosecutor is appointed to a six-year term by the Governor with Senate advice and consent (Code Criminal Procedure Article, secs. 14-101 through 14-114).
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