Criminal Procedure (GCP) — Title 15. Office of the State's Attorney

The State’s Attorney immediately may report the failure of a person to obey a lawfully served subpoena under subsection (a) of this section to the circuit court of the county served by the State’s Attorney.

The State’s Attorney shall provide a copy of the subpoena and proof of service to the circuit court.

the chair, on the chair’s own initiative or on the written request of three Council members; or

the vice chair, in the absence of the chair.

an annual salary for performing the duties of the office as set forth in the public general laws and the public local laws of the county; and

an annual payment for office, travel, and other expenses as provided by law and the current practice of the county.

collected and paid to the governing body of the county; and

credited to the general fund of the county.

appoint a temporary assistant State’s Attorney for a particular case or series of cases; and

subject to the approval of the county, set the compensation for the temporary assistant State’s Attorney.

Except in connection with performing the duties of the office, the State’s Attorney may not appear as counsel or represent any party before a court or unit of the State or a political subdivision of the State.

The State’s Attorney may not engage in the private practice of law.

may not engage in the private practice of criminal law; and

except for one assistant State’s Attorney, shall serve full time.

is equal to the salary of a circuit court judge; and

shall be increased 5% each year during the State’s Attorney’s term of office.

Beginning with the term of the State’s Attorney elected to that position in 2010, the salary of the State’s Attorney is $194,276; and

for the year beginning on January 1, 2012, and each year thereafter until January 1, 2023, the salary shall be increased by 1%.

The State’s Attorney shall appoint two deputy State’s Attorneys, one of whom shall be designated deputy State’s Attorney of trial and administration and the other shall be designated deputy State’s Attorney of operations.

A deputy State’s Attorney shall perform the work that the State’s Attorney requires.

Subject to the approval of the County Executive and the County Council, the State’s Attorney shall set the salaries of the deputy State’s Attorneys.

As authorized by the County Executive, the State’s Attorney may appoint assistant State’s Attorneys.

Subject to the approval of the County Executive and the County Council, the State’s Attorney shall set the salaries of the assistant State’s Attorneys.

shall serve at the pleasure of the State’s Attorney;

shall perform work as directed by the State’s Attorney; and

may present cases to the grand jury, sign indictments and criminal informations, and perform other functions necessary to the operation of the Office.

The State’s Attorney’s salary is the following percentages of the salary of a judge of the District Court of Maryland:

A salary increase shall take effect at the beginning of the elected term of office and may not increase during the term of office.

provide space for the offices of the State’s Attorney and pay the expenses of the office, including general operating expenses, equipment costs, and reasonable costs for secretarial or stenographic needs; or

as determined by the county commissioners, pay a reasonable allowance to reimburse the State’s Attorney for the costs of the operation of the office.

may appoint two deputy State’s Attorneys and the number of assistant State’s Attorneys necessary to staff the office; and

subject to the approval of the county commissioners, shall set the salaries for the deputy and assistant State’s Attorneys.

In addition to the assistant State’s Attorneys appointed under paragraph (1) of this subsection, if both the State’s Attorney and the resident judge of the circuit court of the county consider it necessary and the judge approves, the State’s Attorney may appoint an assistant State’s Attorney.

The county commissioners shall set the salary of an assistant State’s Attorney appointed under this paragraph.

a salary that is 95% of the salary of a judge of the District Court of Maryland; and

the same benefits as a full–time county employee.

is entitled to a reasonable expense allowance for the operation of the office and performance of the duties of State’s Attorney as provided in the county budget; and

subject to the approval of the administrative judge of the circuit court for the county, may spend $1,500 each year for special work and employing extra help.

The State’s Attorney may appoint one deputy State’s Attorney and the number of assistant State’s Attorneys as provided in the county budget.

The salary of the deputy State’s Attorney and the assistant State’s Attorneys shall be as provided in the county budget.

serve at the pleasure of the State’s Attorney;

serve part time; and

are entitled to the same benefits as a full–time county employee.

The State’s Attorney may appoint clerical, secretarial, administrative, investigative, and other support staff that the State’s Attorney considers necessary for the proper conduct of the office.

The State’s Attorney’s executive secretary and criminal investigators serve at the pleasure of the State’s Attorney.

Except for the State’s Attorney’s executive secretary and criminal investigators, the positions appointed under this subsection are subject to county personnel policies and procedures governing county employees.

shall serve at the pleasure of the State’s Attorney;

shall perform work as directed by the State’s Attorney or as authorized by law; and

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

shall serve full time; and

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

serve at the pleasure of the State’s Attorney;

receive compensation as approved by the County Council; and

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.

shall serve at the pleasure of the State’s Attorney;

is subject to the regulations of the State’s Attorney;

shall perform the duties that the State’s Attorney designates;

shall take an oath of office that the clerk of the circuit court administers;

shall meet the criteria regarding training and experience that the State’s Attorney requires;

may serve a summons or subpoena that the State’s Attorney issues;

may wear or display appropriate metallic badges that the State’s Attorney authorizes; and

is not subject to Title 3, Subtitle 1 of the Public Safety Article.

arrest a person who commits a crime in the county or in a municipal corporation in the county;

serve a warrant, summons, or subpoena that the District Court of Maryland in the county or a circuit court issues; and

possess and carry a firearm, including a handgun, or any other weapon that the State’s Attorney requires.

provide an office in the courthouse for the State’s Attorney;

pay the office expenses, including general operating expenses and the cost of equipment; and

pay the reasonable salary of a stenographer to be appointed by the State’s Attorney.

The State’s Attorney may appoint two deputy State’s Attorneys who shall:

Subject to the approval of the county commissioners, the State’s Attorney shall set the salary of each deputy State’s Attorney.

serve at the pleasure of the State’s Attorney;

receive the compensation that the county commissioners approve; and

have the same legal powers that the State’s Attorney has to present cases to the grand jury and perform other necessary duties in relation to the grand jury and the operation of the office.

serve at the pleasure of the State’s Attorney; and

receive the compensation that the county commissioners approve.

The State’s Attorney’s allowance for office expenses shall be at least $10,000.

An allowance of more than $10,000 shall be at the discretion of the county commissioners.

serve at the pleasure of the State’s Attorney; and

receive a salary of at least $25,000.

be law enforcement officers in the State; and

have the same powers, rights, protections, and benefits as a county deputy sheriff.

The State’s Attorney may employ clerical, administrative, investigative, and other staff necessary for the proper conduct of the office.

Subject to the approval of the county commissioners and in conformity with the county pay and classification plans, the State’s Attorney shall set the salaries and classifications for the employees described in subparagraph (i) of this paragraph.

not more than two deputy State’s Attorneys; and

the number of assistant State’s Attorneys authorized by the County Executive and County Council.

serve at the pleasure of the State’s Attorney;

receive compensation as provided by the County Executive and County Council; and

have the same legal powers as the State’s Attorney to represent the State before the grand jury and in criminal proceedings.

serve at the pleasure of the State’s Attorney; and

receive a salary that conforms to the exempt classification and pay plan authorized by the County Executive and County Council.

The State’s Attorney may employ clerical, administrative, investigative, and other staff necessary for the proper conduct of the office.

Subject to the approval of the County Executive and County Council and in conformity with the county pay and classification plans, the State’s Attorney shall set salaries and classifications for employees appointed under this paragraph.

An employee appointed under this paragraph is entitled to the same benefits as a similarly classified county employee.

shall serve at the pleasure of the State’s Attorney;

subject to paragraph (3) of this subsection, shall receive a salary set by the County Executive with the approval of the County Council;

shall have the same legal power as the State’s Attorney to represent the State before the grand jury and in criminal proceedings; and

under the direction of the State’s Attorney, may present cases to the grand jury, sign indictments and criminal informations, and perform other necessary duties relating to the grand jury and the operation of the office as directed by the State’s Attorney or authorized by law.

collect and distribute moneys payable for the support of dependents under orders issued from courts in this State or another state; and

retain 2% of the moneys collected to be paid to the County Council to defray the costs of the service.

submitted to the County Executive and County Council; and

included in the annual audit of the county required by §§ 16–305 through 16–308 of the Local Government Article.

The county commissioners shall set the State’s Attorney’s allowance for office expenses.

The State’s Attorney shall submit expense vouchers to the county commissioners for approval and payment.

The State’s Attorney has a special fund allowance of $4,000 for the costs of investigations.

At the end of each fiscal year:

serve at the pleasure of the State’s Attorney; and

be members in good standing of the local bar.

subject to the exclusive control of the State’s Attorney; and

entitled to the same benefits as a county employee under the merit system.

shall perform the work directed by the State’s Attorney or authorized by law; and

under the direction of the State’s Attorney, may present cases to the grand jury, sign indictments and criminal informations, and perform other necessary duties relating to the grand jury and the operation of the office.

In addition to the assistant State’s Attorneys appointed in accordance with paragraph (1) of this subsection, the State’s Attorney may file a petition in circuit court for authority to appoint additional assistant State’s Attorneys.

The State’s Attorney shall:

The County Executive and County Council may file a response to each petition.

The county shall pay the salary and expenses of an assistant State’s Attorney appointed under this paragraph.

In addition to the special investigators appointed in accordance with paragraph (1) of this subsection, the State’s Attorney may file a petition in circuit court for authority to appoint additional special investigators.

The State’s Attorney shall:

The County Executive and County Council may file a response to each petition.

is directly under the supervision of the State’s Attorney; and

shall perform each duty designated by the State’s Attorney.

subject to the exclusive control of the State’s Attorney; and

entitled to the same benefits as a county employee under the merit system.

subject to the exclusive control of the State’s Attorney; and

entitled to the same benefits as county employees under the merit system.

protect the right of the Montgomery County Executive and the State’s Attorney to bargain;

preserve a single master collective bargaining agreement to the extent that a single exclusive bargaining representative represents multiple units of employees covered under the Montgomery County Collective Bargaining Law; and

streamline, facilitate, and make more effective the collective bargaining process by ensuring that there is a single collective bargaining agreement with both the Montgomery County government and the State’s Attorney if a single exclusive bargaining representative represents both county government employees and employees of the State’s Attorney.

are subject to the county merit system law and personnel regulations; and

may be excluded from those provisions only to the extent that the applicability of those provisions is made the subject of collective bargaining.

As to the employees described in paragraph (2) of this subsection, the County Executive shall be considered the employer of the employees under the Montgomery County Code, Chapter 33, Article VII, only for the purpose of collective bargaining for compensation, pension, fringe benefits, and hours.

If a single exclusive representative represents both county government employees and employees of the Office of the State’s Attorney, the terms and conditions of employment of any current and subsequent collective bargaining agreement between the county government and the exclusive bargaining representative are applicable to employees of the Office of the State’s Attorney unless different terms and conditions of employment are negotiated by the State’s Attorney in accordance with paragraph (5) of this subsection.

The State’s Attorney shall be considered the employer for all other purposes and shall be considered the employer under the Montgomery County Code, Chapter 33, Article VII, for all other terms and conditions of employment.

If a single exclusive bargaining representative represents both county government employees and employees of the Office of the State’s Attorney, the State’s Attorney shall bargain only over particular matters, not involving compensation, pension, fringe benefits, and hours, applicable to employees of the Office of the State’s Attorney.

If the State’s Attorney and the exclusive bargaining representative disagree over whether a matter is applicable to employees of the Office of the State’s Attorney, the dispute shall be resolved by the Labor Relations Administrator appointed under the Montgomery County Code, Chapter 33, Article VII, following the procedures for the resolution of prohibited practices charges and consistent with the General Assembly’s intent to preserve a single master collective bargaining agreement.

If the State’s Attorney and the exclusive bargaining representative are unable to reach an agreement during negotiations on matters applicable to employees of the Office of the State’s Attorney, the procedures for declaring an impasse and submitting a dispute to binding arbitration shall be conducted in accordance with the Montgomery County Code, Chapter 33, Article VII.

determine the overall mission of the Office of the State’s Attorney and, subject to the budget and fiscal policies of the county, the Office of the State’s Attorney’s budget;

maintain and improve the efficiency and effectiveness of operations;

determine the services to be rendered and the operations to be performed;

determine the overall organizational structure, methods, processes, means, and personnel by which operations are to be conducted and the location of facilities;

direct and supervise employees;

hire and select new employees;

establish the standards governing promotion of employees;

relieve employees from duties because of lack of work or funds or under conditions when the employer determines continued work would be inefficient or nonproductive;

take actions to carry out the mission of government in situations of emergency;

transfer, assign, and schedule employees;

determine the size and composition of the workforce, subject to the county’s budget and fiscal policies;

set the standards of productivity and technology;

establish employee performance standards and evaluate employees;

make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards, subject to the budget and fiscal policies of the county;

introduce new or improved technology, research, development, and services;

control and regulate the use of machinery, equipment, and other property and facilities of the Office of the State’s Attorney;

maintain internal security standards;

subject to paragraph (9) of this subsection, create, alter, combine, contract out, or abolish any operation, unit, or other division or service;

subject to paragraph (10) of this subsection, suspend, discharge, or otherwise discipline employees for just cause subject to the county merit system law and collective bargaining agreement where applicable; and

issue and enforce rules, policies, and regulations necessary to carry out the functions of this subsection and all other managerial functions that are not inconsistent with law or the terms of the collective bargaining agreement.

If contracting out work will displace employees, the State’s Attorney may not enter into the contract unless 90 days before signing the contract, or on another date of notice as agreed to by the parties, written notice has been given to the exclusive bargaining representative and the contract is consistent with any applicable provision of the Montgomery County Code.

Any displacement of bargaining unit members shall be conducted in a manner that is consistent with any applicable provision of the Montgomery County Code and any applicable collective bargaining agreement.

shall perform the work directed by the State’s Attorney or as authorized by law; and

under the direction of the State’s Attorney, may present cases to the grand jury, sign indictments and criminal informations, and perform other necessary duties relating to the grand jury and the operation of the office.

The State’s Attorney may appoint an administrative assistant who serves at the pleasure of the State’s Attorney.

The salary of the administrative assistant shall be within the discretion of the State’s Attorney but may not exceed a maximum salary authorized by law by the County Executive and County Council.

The administrative assistant is not subject to the regulations of the county merit system but is entitled to the same benefits as a county employee under the merit system.

Each eligible, full–time, nonexempt employee, as described in the Prince George’s County Labor Code, of the State’s Attorney’s office is subject to the Prince George’s County personnel law.

Employees described in subparagraph (i) of this paragraph:

The County Executive is the employer of an employee described in subparagraph (i) of this paragraph for the purpose of collective bargaining for hours and compensation, including pension and fringe benefits.

Except as provided in subparagraph (ii) of this paragraph, the State’s Attorney or a deputy or assistant State’s Attorney may not engage in the private practice of law.

The State’s Attorney or a deputy or assistant State’s Attorney may participate in the pro bono program administered by the Prince George’s County Bar Foundation.

The State’s Attorney’s salary is equal to the salary of a judge of the District Court of Maryland.

The salary shall be set before the start of the elected term of office.

The State’s Attorney’s salary is equal to the salary of a circuit court judge and shall be paid biweekly.

A salary increase shall take effect at the beginning of the elected term of office and may not increase during the term of office.

The county commissioners shall provide for the administrative support staff, independent office facilities, office equipment, supplies, books, and other items necessary for the operation of the office.

The State’s Attorney shall present vouchers to the county commissioners for the payment of office expenses.

shall serve at the pleasure of the State’s Attorney; and

may be full–time or part–time employees.

administrative staff necessary for the operation of the office; and

one or more full–time or part–time investigators as employees.

serve at the pleasure of the State’s Attorney; and

present cases to the grand jury, sign indictments and criminal informations, and perform other functions necessary to the operation of the office and as directed by the State’s Attorney or as authorized by law.

administrative, clerical, and secretarial expenses, including salaries and benefits;

telephone charges;

office supplies and equipment;

postage;

travel, training, and conferences;

books and publications; and

premiums on office bonds.

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.

Each deputy and assistant State’s Attorney appointed under this paragraph shall:

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.

A special assistant State’s Attorney appointed under this paragraph:

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.

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.

shall serve at the pleasure of the State’s Attorney;

is subject to the regulations of the State’s Attorney;

shall perform the duties that the State’s Attorney designates;

shall take an oath of office that the clerk of the circuit court administers;

shall meet the criteria regarding training and experience that the State’s Attorney requires;

may serve a summons or subpoena that the State’s Attorney issues;

may wear or display appropriate metallic badges that the State’s Attorney authorizes; and

is not subject to Title 3, Subtitle 1 of the Public Safety Article.

arrest a person who commits a crime in the county or in a municipal corporation in the county;

serve a warrant, summons, or subpoena that the District Court of Maryland in the county or a circuit court issues; and

possess and carry a firearm, including a handgun, or other weapon that the State’s Attorney requires.

at least one but not more than two deputy State’s Attorneys; and

as many assistant State’s Attorneys that are approved by the county commissioners and provided for in the county budget.

perform acts and duties in relation to all criminal proceedings; and

represent the State in all proceedings in relation to the grand jury, circuit court, District Court of Maryland, and units of the State or a political subdivision of the State.

serve at the pleasure of the State’s Attorney; and

have the same legal powers as the State’s Attorney to represent the State before the grand jury and in criminal proceedings.

with the prior approval of the resident judge of the circuit court and the County Council; and

subject to the terms, conditions, and salaries that the County Council approves.

All other salaries, compensation, employee benefits, and expenses of the Office of the State’s Attorney are subject to the annual budget process and approval of the county commissioners in accordance with the budget and fiscal policies and purchasing laws of the county.

Processing the payroll of the Office of the State’s Attorney as part of the payroll of the county does not make employees of the Office of the State’s Attorney the employees of the county.

serve at the pleasure of the State’s Attorney; and

have the same legal powers as the State’s Attorney to present cases to the grand jury, represent the State in criminal proceedings, and perform necessary duties in relation to the grand jury and operation of the office that the State’s Attorney requires.