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§ 15-424. Worcester County

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2008

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 15. Office of the State's Attorney (Refs & Annos)
Subtitle 4. Countywide Provisions (Refs & Annos)
Effective: October 1, 2008
MD Code, Criminal Procedure, § 15-424
§ 15-424. Worcester County
Application of section to Worcester County only
(a) This section applies only in Worcester County.
Salary and expenses of office
(b)(1) Subject to paragraph (2) of this subsection, the State's Attorney's salary is 90% of the salary of a judge of the District Court of Maryland.
(2) By enacting an ordinance before the election filing deadline for the next term of office for the State's Attorney, the county commissioners may set the salary at an amount exceeding 90% of the salary of a judge of the District Court of Maryland.
(3)(i) All other salaries, compensation, employee benefits, and expenses of the Office of the State's Attorney are subject to the annual budget process and approval of the county commissioners in accordance with the budget and fiscal policies and purchasing laws of the county.
(ii) Processing the payroll of the Office of the State's Attorney as part of the payroll of the county does not make employees of the Office of the State's Attorney the employees of the county.
Deputy and assistant State's Attorneys
(c)(1) 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 commissioners approve.
(2) The deputy and assistant State's Attorneys appointed under paragraph (1) of this subsection shall:
(i) serve at the pleasure of the State's Attorney; and
(ii) have the same legal powers as the State's Attorney to present cases to the grand jury, represent the State in criminal proceedings, and perform necessary duties in relation to the grand jury and operation of the office that the State's Attorney requires.
Special investigators
(d) If authorized by an ordinance enacted by the county commissioners, the State's Attorney may appoint special investigators who:
(1) shall serve at the pleasure of the State's Attorney; and
(2) shall perform work as directed by and under the supervision of the State's Attorney.
Private practice of law prohibited
(e) The State's Attorney shall serve full time and may not engage in the private practice of law.
Clerical, secretarial, and office employees
(f) On approval of the county commissioners, the State's Attorney may hire the clerical, secretarial, and office employees that the State's Attorney determines are needed.
Staff as employees of State’s Attorney
(g) All employees of the Office of the State's Attorney, including deputy State's Attorneys, assistant State's Attorneys, investigators, clerical workers, secretaries, and office employees:
(1) are employees of the Office of the State's Attorney and not of the county commissioners;
(2) shall receive the same insurance, retirement, and leave benefits as county employees; and
(3) are under the control of the State's Attorney, subject to this section and the personnel rules and regulations that the county commissioners adopt by resolution for county employees.
State’s Attorney perform managerial functions for staff
(h) The State's Attorney shall perform the appointment, disciplinary, termination, and managerial functions for all employees of the Office of the State's Attorney who are covered by the personnel rules and regulations that the county commissioners adopt.
Office practices, manuals and rules of conduct
(i) The State's Attorney may adopt office practices, manuals, rules of conduct, and other procedures to serve as conditions of employment for employees of the Office of the State's Attorney.
Discipline or termination for cause only
(j)(1) Except for members of the State Bar who serve as deputy or assistant State's Attorneys, employees of the Office of the State's Attorney may be disciplined or terminated for cause only in accordance with this section and the personnel rules and regulations that the county commissioners adopt.
(2) When a new State's Attorney takes office or at the beginning of a new term of a State's Attorney, all clerical, secretarial, office, and other employees except for deputy and assistant State's Attorneys shall remain in their positions and shall be considered rehired.
In-kind support
(k) On request of the State's Attorney, the county commissioners may provide in-kind support to the State's Attorney for personnel matters.

Credits

Added by Acts 2008, c. 15, § 2, eff. Oct. 1, 2008. Amended by Acts 2008, c. 36, § 5, eff. April 8, 2008; Acts 2008, c. 511, § 1, eff. Oct. 1, 2008.
MD Code, Criminal Procedure, § 15-424, MD CRIM PROC § 15-424
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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