Section 14-101 – “Commission” Defined

    In this title, “Commission” means the State Prosecutor Selection and Disabilities Commission.

Section 14-102 – Office of the State Prosecutor

    (a)    (1)    There is an Office of the State Prosecutor.         (2)    The Office of the State Prosecutor is an independent unit in the Office of the Attorney General.     (b)    (1)    An individual is eligible to be the State Prosecutor only if the individual:             (i)    executes an affidavit that the individual will not accept appointment to, or be a candidate for, a […]

Section 14-103 – State Prosecutor Selection and Disabilities Commission

    (a)    There is a State Prosecutor Selection and Disabilities Commission.     (b)    The Commission consists of:         (1)    the Attorney General; and         (2)    six individuals appointed by the Governor as follows:             (i)    two individuals shall be appointed from a list of two or more nominees submitted by the President of the Senate:                 1.    only one of the individuals appointed shall be a lawyer; […]

Section 14-104 – Filling Vacancies in Office of State Prosecutor

    (a)    On notification by the Governor that a vacancy exists or is about to occur in the position of State Prosecutor, the Commission shall:         (1)    seek and review applications of proposed nominees;         (2)    notify and request recommendations from the Maryland State Bar Association; and         (3)    seek recommendations from members of the Commission and interested citizens and groups.     (b)    The Commission […]

Section 14-105 – Reprimand or Removal

    (a)    The Commission may reprimand or recommend to the Governor the removal of the State Prosecutor if, after a hearing, the Commission finds that the State Prosecutor is guilty of:         (1)    misconduct in office;         (2)    persistent failure to perform the duties of the office; or         (3)    conduct prejudicial to the proper administration of justice.     (b)    (1)    Except as provided in paragraph […]

Section 14-106 – General Powers and Duties of State Prosecutor

    The State Prosecutor has the powers and duties established under §§ 14–107 through 14–111 of this title.

Section 14-107 – Investigations

    (a)    (1)    Except as provided in paragraph (2) of this subsection, the State Prosecutor may investigate:             (i)    a criminal offense under the State election laws;             (ii)    a criminal offense under the State Public Ethics Law;             (iii)    a violation of the State bribery laws in which an official or employee of the State, a political subdivision of the State, or a […]

Section 14-108 – Reports

    (a)    (1)    Except as provided in paragraph (2) of this subsection, if the State Prosecutor finds that an alleged violation of the criminal law set forth in § 14–107 of this title has occurred, the State Prosecutor shall make a confidential report of the findings and any recommendations for prosecution to the Attorney General and the State’s […]

Section 14-109 – Prosecutions

    (a)    (1)    The State Prosecutor may prosecute a criminal offense set forth in the State Prosecutor’s report of the findings and recommendations if, within 45 days after receipt of the report, the State’s Attorney fails to file charges and begin prosecution in accordance with the recommendations.         (2)    Notwithstanding paragraph (1) of this subsection, the State Prosecutor may immediately […]

Section 14-110 – Subpoena Authority

    (a)    The State Prosecutor has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county, when the State Prosecutor:         (1)    investigates a case under § 14–107 of this title; or         (2)    prosecutes a case under § 14–109 of this title.     (b)    (1)    For the limited purpose of furthering an ongoing criminal […]

Section 14-111 – Venue

    The trial of a case that the State Prosecutor prosecutes in accordance with § 14–109 of this title shall take place before the court having jurisdiction in the county in which the offense was entirely or partly committed, subject to removal in accordance with the Maryland Rules.

Section 14-112 – Budget and Staff

    (a)    The budget of the State Prosecutor and the Office of the State Prosecutor shall be a part of the budget of the Office of the Attorney General.     (b)    The State Prosecutor may appoint and employ the professional, investigative, and clerical staff provided in the State budget.     (c)    The State Prosecutor and the staff attorneys appointed by the […]

Section 14-113 – Meetings With Attorney General and State’s Attorneys

    The State Prosecutor shall meet and confer regularly with the Attorney General and the State’s Attorneys.

Section 14-114 – Annual Report

    The State Prosecutor shall submit an annual report on activities of the Office of the State Prosecutor that are not confidential to:         (1)    the Governor;         (2)    the Attorney General; and         (3)    subject to § 2–1257 of the State Government Article, the General Assembly.