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Maryland Code, Criminal Procedure § 15-409

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) This section applies only in Charles County.

(b)(1) The State's Attorney's salary is equal to the salary of a circuit court judge.

(2) Subject to the approval of the county commissioners, the State's Attorney is entitled to reimbursement for reasonable expenses incurred during the performance of the duties of the office.

(c)(1) The State's Attorney may appoint deputy State's Attorneys and assistant State's Attorneys.

(2) Subject to the approval of the county commissioners and paragraph (3) of this subsection, the State's Attorney shall set the salary for positions appointed under this subsection.

(3) The salary of an assistant State's Attorney may not exceed the salary of the State's Attorney.

(4) The deputy and assistant State's Attorneys:

(i) shall serve at the pleasure of the State's Attorney;

(ii) shall perform work as directed by the State's Attorney or as authorized by law; and

(iii) may present cases to the grand jury, sign indictments and criminal informations, and perform other functions necessary to operate the office.

(d)(1) The State's Attorney may appoint clerical, administrative, investigative, and other staff that the State's Attorney considers necessary for the proper conduct of the office.

(2) Subject to the approval of the county commissioners, the State's Attorney shall set the salaries for the employees appointed under this subsection.

(3) An employee appointed under this subsection is entitled to the same benefits as a county employee.

(e)(1) The State's Attorney:

(i) shall serve full time; and

(ii) except in connection with performing the duties of the office, may not:

1. appear as counsel or represent any party before a court or unit of the State or a political subdivision of the State; or

2. otherwise engage in the private practice of law.

(2) A deputy State's Attorney shall serve full time and may not engage in the private practice of law.

(3) An assistant State's Attorney may serve full time or part time and may not engage in the private practice of criminal law.

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Cite this article: FindLaw.com - Maryland Code, Criminal Procedure § 15-409 - last updated January 01, 2025 | https://codes.findlaw.com/md/criminal-procedure/md-code-crim-proc-sect-15-409/

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