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§ 15-410. Dorchester County

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2016

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, 2016
MD Code, Criminal Procedure, § 15-410
§ 15-410. Dorchester County
Currentness
Application of section to Dorchester County only
(a) This section applies only in Dorchester County.
Salary and expenses of office
(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 an allowance for the expenses of operating the office, including the costs of telephone charges, office supplies and equipment, postage, travel, training, conferences, books and publications, and premiums on office bonds.
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 Council approves.
(2) The deputy and assistant State's Attorneys shall:
(i) serve at the pleasure of the State's Attorney;
(ii) receive compensation as approved by the County Council; and
(iii) have the same legal powers as the State's Attorney to present cases to the grand jury and perform all other necessary duties in relation to the grand jury and the operation of the office.
Administrative and clerical employees
(d) Subject to the approval of the County Council, the State's Attorney may employ administrative and clerical employees who shall:
(1) receive salaries in accordance with the county pay scale; and
(2) be considered county employees and members of the pension system in which a county employee is eligible for membership.
Appointment of criminal investigators
(e)(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 any other weapon that the State's Attorney requires.
Private practice of law prohibited
(f) The State's Attorney:
(1) shall serve full time;
(2) may not engage in the private practice of law; and
(3) except in connection with performing the duties of the office, may not appear professionally in a criminal proceeding in the State.

Credits

Added by Acts 2008, c. 15, § 2, eff. Oct. 1, 2008. Amended by Acts 2014, c. 121, § 1, eff. Oct. 1, 2014; Acts 2016, c. 8, § 5.
MD Code, Criminal Procedure, § 15-410, MD CRIM PROC § 15-410
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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