Home Table of Contents

§ 15-421. Talbot 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, § 15-421
§ 15-421. Talbot County
Application of section to Talbot County only
(a) This section applies only in Talbot 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 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.
Deputy and assistant State's Attorneys
(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.
Criminal investigators
(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.
Private practice of law prohibited
(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.

Credits

Added by Acts 2008, c. 15, § 2, eff. Oct. 1, 2008. Amended by Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2016, c. 8, § 5.
MD Code, Criminal Procedure, § 15-421, MD CRIM PROC § 15-421
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document