Maryland Code § CP-15-421

Section CP-15-421
Open in Lexace · Ask the AI about this section
(a) This section applies only in Talbot County.
(b) (1) The State's Attorney's salary is 80% of the salary of a judge of the
District Court of Maryland.
(2) Subject to the approval of the County Council, the State's
Attorney is entitled to a reasonable allowance for the expenses of operating the office,
including the costs of:
(i) administrative, clerical, and secretarial expenses,
including salaries and benefits;
(ii) telephone charges;
(iii) office supplies and equipment;
(iv) postage;
(v) travel, training, and conferences;
(vi) books and publications; and
(vii) premiums on office bonds.
(c) (1) (i) The State's Attorney may appoint the number of full-time
or part-time deputy State's Attorneys and assistant State's Attorneys that the
County Council approves.
(ii) Each deputy and assistant State's Attorney appointed
under this paragraph shall:
1. serve at the pleasure of the State's Attorney;
2. receive the compensation that the County Council
approves; and

3. have the same legal powers as the State's Attorney
to present cases to the grand jury and perform necessary duties in relation to the
grand jury and the operation of the office.
(2) (i) The State's Attorney may appoint special assistant State's
Attorneys as the State's Attorney considers necessary to serve in an investigation or
a case.
(ii) A special assistant State's Attorney appointed under this
paragraph:
1. shall serve on a temporary basis;
2. subject to paragraph (3) of this subsection, shall
receive compensation from the County Council in the form and amount authorized by
order of the circuit court; and
3. may not be considered to hold an office for profit or
to have vacated a public office or employment in another State's Attorney's office by
serving as a special assistant State's Attorney.
(3) (i) The county may not compensate an individual who is
appointed as a special assistant State's Attorney and is employed by the Office of the
Attorney General, the Office of the State Prosecutor, or the Office of the State's
Attorney in another county.
(ii) Notwithstanding subparagraph (i) of this paragraph, the
county may enter into an agreement to reimburse the appropriate governmental unit
for the services of an individual employed by that governmental unit who is appointed
as a special assistant State's Attorney under paragraph (2) of this subsection.
(d) (1) Subject to the approval of the County Council, the State's
Attorney may appoint full-time or part-time criminal investigators.
(2) If the State's Attorney appoints more than one criminal
investigator, the State's Attorney may designate one as chief investigator and assign
other ranks and titles to the other criminal investigators.
(3) A criminal investigator who is appointed under this subsection:
(i) shall serve at the pleasure of the State's Attorney;
(ii) is subject to the regulations of the State's Attorney;

(iii) shall perform the duties that the State's Attorney
designates;
(iv) shall take an oath of office that the clerk of the circuit court
administers;
(v) shall meet the criteria regarding training and experience
that the State's Attorney requires;
(vi) may serve a summons or subpoena that the State's
Attorney issues;
(vii) may wear or display appropriate metallic badges that the
State's Attorney authorizes; and
(viii) is not subject to Title 3, Subtitle 1 of the Public Safety
Article.
(4) The State's Attorney may designate a criminal investigator as a
peace officer if the criminal investigator meets the selection and training standards
of the Maryland Police Training and Standards Commission as set forth in Title 3,
Subtitle 2 of the Public Safety Article.
(5) A criminal investigator designated as a peace officer may not be
subject to Title 3, Subtitle 1 of the Public Safety Article.
(6) In addition to the authority, duties, and limitations described
under paragraph (3) of this subsection, a criminal investigator designated as a peace
officer may:
(i) arrest a person who commits a crime in the county or in a
municipal corporation in the county;
(ii) serve a warrant, summons, or subpoena that the District
Court of Maryland in the county or a circuit court issues; and
(iii) possess and carry a firearm, including a handgun, or other
weapon that the State's Attorney requires.
(e) (1) The State's Attorney shall serve full time and may not engage in
the private practice of law.

(2) An attorney appointed as a special assistant State's Attorney
under subsection (c)(2) of this section may not be precluded from the private practice
of criminal law.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.