Title 2. Court Personnel — Subtitle 1. Officers, Oaths, and Bonds
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 2-101 (2026)
Title 2. Court Personnel
Subtitle 1. Officers, Oaths, and Bonds
§ 2–101LinkCopy Citation
(a)
In this title the following words have the meanings indicated unless the context clearly requires otherwise.
(b)
“Appellate court” means the Supreme Court of Maryland or the Appellate Court of Maryland.
(c)
“Court” means the court in which the officer serves, but if the officer serves in a district of the District Court it means the District Court for the county or district in which he serves.
(d)
“Decree” includes a judgment or order of a court.
(e)
“Judge” means the judge of a court in which the officer serves.
(f)
“Penalty” includes a fine or forfeiture.
(g)
“Writ” includes a warrant, process, or summons.
Md. Code Ann., Cts. & Jud. Proc. § 2-102 (2026)
Title 2. Court Personnel
Subtitle 1. Officers, Oaths, and Bonds
§ 2–102LinkCopy Citation
(a)
If advisable in a specific proceeding, a court may appoint an auditor, surveyor, court reporter, assistant counsel for the State, counsel for a party if authorized by law or rule, accountant, magistrate, examiner, or other officer, and may require his presence in court.
(b)
A special officer shall receive the compensation provided by this subsection:
(1)
Auditor -- Reasonable compensation as set by the court, but not less than $15 for stating an account.
(2)
Assistant counsel for the State or counsel for a party -- The amount set by the court but in Baltimore City no appearance fees in a criminal case unless taxed against and paid by the accused as costs.
(3)
Surveyor or assistant surveyor -- The fee charged by members of the Maryland Society of Surveyors in the county for similar services.
(4)
Other officer -- Reasonable compensation as set by the court.
(c)
A special officer’s fee may be taxed as costs or paid by the county.
Md. Code Ann., Cts. & Jud. Proc. § 2-103 (2026)
Title 2. Court Personnel
Subtitle 1. Officers, Oaths, and Bonds
§ 2–103LinkCopy Citation
When an officer leaves office for any reason, any duty not fully performed, including the collection of fees, becomes the responsibility of his successor in office.
Md. Code Ann., Cts. & Jud. Proc. § 2-104 (2026)
Title 2. Court Personnel
Subtitle 1. Officers, Oaths, and Bonds
§ 2–104LinkCopy Citation
(a)
Every auditor, clerk, sheriff, constable, commissioner, surveyor, or other officer before he assumes the duties of his office, shall take and sign the oath or affirmation prescribed by the Constitution.
(b)
Except as provided in subsection (d) of this section, every deputy clerk or sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do swear (or affirm) that I will not for lucre or malice delay any person applying to me for any business belonging to the office I officiate in, and that I will not directly or indirectly ask, take, exact, demand, or receive from or charge to any such person to my own use any fee or reward whatsoever for any services I may do as deputy of the said office, and that in making out the office fees I will not wittingly or willingly charge other or higher fees than are allowed by law.”
(c)
(1)
In addition to the oath or affirmation required under subsection (b) of this section, in St. Mary’s County, every deputy sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve honestly and faithfully to uphold and defend the Constitution of the United States and the Constitution of Maryland; that I will enforce the laws of St. Mary’s County, and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior officers according to the rules and regulations of the Sheriff’s Office, St. Mary’s County and the State of Maryland.”
(2)
In addition to the oath or affirmation required under subsection (b) of this section, in Charles County, every deputy sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve honestly and faithfully to uphold and defend the Constitution of the United States and the Constitution of Maryland; that I will enforce the laws of Charles County, and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior officers according to the rules and regulations of the Sheriff’s Office, Charles County and the State of Maryland.”
(d)
In Carroll County, Montgomery County, and Washington County, every deputy clerk or deputy sheriff shall take and sign the oath or affirmation prescribed by Article I, § 9 of the Maryland Constitution.
(e)
(1)
Except as authorized by Article I, § 10 of the Maryland Constitution, every officer, except the clerk of the circuit court of a county or an appellate court, shall take the oath before the clerk of the circuit court.
(2)
Except as provided in Article I, § 10 of the Maryland Constitution, the clerk of a circuit court shall take the oath before a judge of the court.
(3)
The clerk of an appellate court shall take the oath before the Governor.
Md. Code Ann., Cts. & Jud. Proc. § 2-105 (2026)
Title 2. Court Personnel
Subtitle 1. Officers, Oaths, and Bonds
§ 2–105LinkCopy Citation
(a)
Each of the following officers, before he assumes the duties of his office, shall be covered by a bond for the faithful performance of the duties of his office:
(1)
Clerk of any court;
(2)
Commissioner; or
(3)
Sheriff.
(b)
Each bond, except a sheriff’s bond, shall be in a penalty prescribed by the Comptroller. The Comptroller may increase or decrease the amount of a bond at any time.
(c)
The sheriff of a county shall give a bond in the penalty of $10,000, except that in Allegany, Charles, Frederick, Prince George’s, and Washington counties and Baltimore City the penalty is $25,000.
(d)
Every officer’s bond except a blanket bond shall have a surety who is approved by a judge of the court. A blanket bond shall have a corporate surety approved by the Comptroller.
(e)
The premiums for the bonds of District Court officers shall be paid by the State. The premiums on the bonds of any other officer shall be allowed as expenses of the office.
(f)
An officer’s bond shall remain in effect during his tenure in office.
Md. Code Ann., Cts. & Jud. Proc. § 2-106 (2026)
Title 2. Court Personnel
Subtitle 1. Officers, Oaths, and Bonds
§ 2–106LinkCopy Citation
A person who is required to take an oath under § 2–104 of this subtitle or to file a bond under § 2–105 of this subtitle but who fails to qualify for office by taking and subscribing the required oath or affirmation or giving the required bond within 30 days from the date his commission is received by the clerk, or if no commission is sent to the clerk, within 30 days after receiving his commission or notice of appointment, is deemed to have refused the office, and the office shall be considered vacant, unless the time is extended by the court for good cause shown.
Md. Code Ann., Cts. & Jud. Proc. § 2-107 (2026)
Title 2. Court Personnel
Subtitle 1. Officers, Oaths, and Bonds
§ 2–107LinkCopy Citation
(a)
In a circuit court, an arrest warrant shall be issued on a form that:
(1)
Is 8 1/2 by 11 inches in size;
(2)
Contains the following information, if known, about the person for whom the warrant is issued:
(i)
Full name;
(ii)
Last address;
(iii)
Race;
(iv)
Sex;
(v)
Height;
(vi)
Weight;
(vii)
Hair color;
(viii)
Eye color;
(ix)
Driver’s license number;
(x)
Social Security number;
(xi)
Distinguishing body marks or scars; and
(xii)
Any other pertinent identifying information; and
(3)
Contains specific instructions to indicate the judge or court commissioner before whom the person is directed to appear once arrested.
(b)
An arrest warrant issued under this section shall be clearly captioned:
(1)
“Arrest warrant/State capias”;
(2)
“Arrest warrant/contempt”;
(3)
“Arrest warrant/contempt of court”; or
(4)
“Arrest warrant/body attachment”.
(c)
After a judge issues an arrest warrant, the judge shall:
(1)
Maintain a copy for the judge’s file; and
(2)
Provide a copy for:
(i)
The clerk of the circuit court;
(ii)
The sheriff or other law enforcement officer who will be serving the warrant; and
(iii)
The person for whom the warrant is issued.
(d)
Failure to use the form described in this section does not have any effect on an otherwise lawful arrest.