Md. Code, Criminal Procedure, Title 14

Md. Code, Criminal Procedure, Title 14
in effect

Md. Code, Criminal Procedure § 14-102

(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 State or local office during the period of service as the State Prosecutor and for at least 3 years immediately after the individual last serves as the State Prosecutor; and (ii) has lawfully and actively practiced law in the State for at least 5 years. (2) The State Prosecutor shall renew the affidavit every 2 years during the period of service. (3) A failure to renew the affidavit under this subsection shall subject the State Prosecutor to removal from office under this section. (c) (1) The State Prosecutor shall be: (i) nominated by the Commission; and (ii) appointed by the Governor with the advice and consent of the Senate. (2) The term of the State Prosecutor is 6 years. (3) At the end of a term, the State Prosecutor continues to serve until a successor is appointed and qualifies. (d) Only on the recommendation of the Commission, the Governor may remove the State Prosecutor for: (1) misconduct in office; (2) persistent failure to perform the duties of the office; or (3) conduct prejudicial to the proper administration of justice. (e) The State Prosecutor is entitled to the salary provided in the State budget, but not less than the salary of a judge of a circuit court.

Md. Code, Criminal Procedure § 14-103

(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; and 2. none of the nominees may be a member of the General Assembly or a full–time State employee; (ii) two individuals shall be appointed from a list of two or more nominees submitted by the Speaker of the House of Delegates: 1. only one of the individuals appointed shall be a lawyer; and 2. none of the nominees may be a member of the General Assembly or a full–time State employee; (iii) one individual who: 1. shall be appointed from a list of one or more nominees submitted by the Board of Governors of the Maryland State Bar Association; and 2. is a lawyer admitted to practice law in the State; and (iv) one individual who: 1. shall be appointed from a list of one or more nominees submitted by the governing board of the Maryland State’s Attorneys Association; and 2. is a State’s Attorney at the time of appointment and throughout the individual’s term on the Commission. (c) (1) The Governor shall appoint the members of the Commission from the nominees submitted to the Governor under this section. (2) The Governor may reject an individual as a nominee only for cause. (3) If the Governor rejects an individual as a nominee, the Governor shall request the appropriate nominating authority to submit another nominee. (d) (1) The term of an appointed member is 4 years. (2) The terms of appointed members are staggered as required by the terms in effect for members on October 1, 2008. (3) An appointed member serves until a successor is appointed and qualifies. (4) An appointed member is eligible for reappointment. (e) From among the members, the Governor shall designate the chair of the Commission for the period that the Governor determines. (f) A vacancy that occurs on the Commission shall be filled by the Governor in the same manner as provided for appointments in this section. (g) A member of the Commission: (1) may not receive compensation for serving on the Commission; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Criminal Procedure § 14-104

(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 shall: (1) interview and evaluate each eligible applicant; and (2) nominate to the Governor, on a vote taken by secret ballot, one or more individuals whom a majority of the authorized membership of the Commission finds to be legally and professionally qualified. (c) The Commission shall report, in writing, to the Governor the name of the individual or individuals it nominates within 70 days after notification that a vacancy exists or is about to occur. (d) (1) (i) The Governor may reject a nominee for cause. (ii) If a nominee is rejected for cause, the Commission shall submit another nominee. (2) If the Governor rejects a nominee: (i) the Governor shall send to the Commission a written statement that contains the reasons for the rejection; and (ii) a copy of the statement of rejection shall be furnished to the nominee. (3) The statement shall be confidential and privileged, unless the privilege is deemed waived by the Commission by the acts of the nominee in presenting to the public the reason for the rejection. (4) The Commission may make the statement public. (e) The Governor shall exercise the power of appointment or rejection within 30 days after receipt of the Commission’s report.

Md. Code, Criminal Procedure § 14-105

(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 (2) of this subsection, the proceedings, testimony, and other evidence before the Commission are confidential and privileged. (2) On taking final action, the Commission may make its order and the proceedings, testimony, and other evidence public. (c) (1) On complaint or on its own initiative, the Commission may investigate allegations against the State Prosecutor that may warrant removal or reprimand. (2) The Commission may: (i) conduct hearings; (ii) administer oaths and affirmations; (iii) issue process to compel the attendance of witnesses and the production of evidence; and (iv) require a person to testify and produce evidence by granting the person immunity from prosecution, penalty, or forfeiture.

Md. Code, Criminal Procedure § 14-107

(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 bicounty or multicounty unit of the State was the offeror, offeree, or intended offeror or offeree of a bribe; (iv) an offense constituting criminal malfeasance, misfeasance, or nonfeasance in office committed by an officer or employee of the State, of a political subdivision of the State, or of a bicounty or multicounty unit of the State; (v) a violation of the State extortion, perjury, or obstruction of justice laws related to an activity described in this paragraph; and (vi) a criminal offense related to voting in a municipal election under § 4–108.1 of the Local Government Article. (2) The State Prosecutor may not investigate an offense alleged to have been committed by the State Prosecutor or a member of the State Prosecutor’s staff. (3) The State Prosecutor may investigate an alleged offense under paragraph (1) of this subsection on the State Prosecutor’s own initiative or on request of: (i) the Governor; (ii) the Attorney General; (iii) the General Assembly; (iv) the State Ethics Commission; or (v) a State’s Attorney. (4) An individual who is advised by the State Prosecutor that the individual is under investigation under paragraph (1)(iv) of this subsection may release this information to the public, as well as any results of the investigation that pertain to the individual. (b) On request of the Governor, the Attorney General, the General Assembly, or a State’s Attorney, the State Prosecutor may investigate criminal activity that is committed: (1) partly in the State and partly in another jurisdiction; or (2) in more than one political subdivision of the State.

Md. Code, Criminal Procedure § 14-108

(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 Attorney for the county in which jurisdiction exists to prosecute the matter. (2) A report of the findings and recommendations regarding allegations of offenses committed by a State’s Attorney need not be made to that State’s Attorney. (b) (1) If the State Prosecutor finds that there has not been a violation of criminal law or the State Prosecutor does not recommend prosecution, the State Prosecutor shall report the findings to the person who requested the investigation. (2) If the General Assembly requested the investigation, the report shall be made to the President of the Senate and the Speaker of the House of Delegates. (3) On request of the person who was the subject of the investigation, the report shall be made available to the public as soon as possible.

Md. Code, Criminal Procedure § 14-109

(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 prosecute a criminal offense that is set forth in the State Prosecutor’s report and that is alleged to have been committed by the State’s Attorney. (b) (1) The State Prosecutor shall represent the State in each appeal and postconviction proceeding that arises from a prosecution that the State Prosecutor conducts. (2) Notwithstanding paragraph (1) of this subsection, the Attorney General may represent the State or assist the State Prosecutor: (i) on the request of the State Prosecutor; or (ii) as required by law in an appeal or collateral proceeding described in paragraph (1) of this subsection.

Md. Code, Criminal Procedure § 14-110

(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 investigation under § 14–107 of this title, the State Prosecutor may issue a subpoena to a person to produce telephone, business, governmental, or corporate records or documents. (2) The subpoena may be served in the same manner as one issued by a circuit court. (c) (1) A person may have an attorney present during any contact with the State Prosecutor made under subsection (b) of this section. (2) The State Prosecutor shall advise a person of the right to counsel when the subpoena is served. (d) (1) (i) The State Prosecutor immediately may report the failure of a person to obey a lawfully served subpoena under subsection (b) of this section to the circuit court of the county having jurisdiction. (ii) The State Prosecutor shall provide a copy of the subpoena and proof of service to the circuit court. (2) After conducting a hearing at which the person who allegedly failed to comply with a subpoena issued under subsection (b) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief. (e) This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.

Md. Code, Criminal Procedure § 14-111

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.

Md. Code, Criminal Procedure § 14-112

(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 State Prosecutor shall devote full time to their official duties and may not engage in the private practice of law. (d) (1) To the extent practicable, the State Prosecutor shall use the services and personnel of: (i) the Office of the Attorney General; (ii) the Department of State Police; and (iii) other State and law enforcement units. (2) The units listed in paragraph (1) of this subsection shall cooperate, to the extent feasible, with the State Prosecutor and the State Prosecutor’s staff.

Md. Code, Criminal Procedure § 14-114

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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026