Title 15. Office of the State's Attorney — Subtitle 1. Definitions; General Duties and Powers
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Proc. § 15-101 (2026)
Title 15. Office of the State's Attorney
Subtitle 1. Definitions; General Duties and Powers
§ 15–101LinkCopy Citation
(a)
In this title the following words have the meanings indicated.
(b)
“Coordinator” means the State’s Attorneys’ Coordinator.
(c)
“Council” means the State’s Attorneys’ Coordination Council.
(d)
“State’s Attorney” means the individual holding that office under Article V, § 7 of the Maryland Constitution.
Md. Code Ann., Crim. Proc. § 15-102 (2026)
Title 15. Office of the State's Attorney
Subtitle 1. Definitions; General Duties and Powers
§ 15–102LinkCopy Citation
Subject to Title 14 of this article, a State’s Attorney shall, in the county served by the State’s Attorney, prosecute and defend on the part of the State all cases in which the State may be interested.
Md. Code Ann., Crim. Proc. § 15-104 (2026)
Title 15. Office of the State's Attorney
Subtitle 1. Definitions; General Duties and Powers
§ 15–104LinkCopy Citation
(a)
Each State’s Attorney shall annually provide a corporate surety bond payable to the State in the amount of $5,000.
(b)
The bond shall be conditioned on the State’s Attorney faithfully:
(1)
performing the duties of the office; and
(2)
accounting for funds and property received under color of the office.
(c)
(1)
The bond shall be deposited with the Comptroller.
(2)
Premiums on the bond shall be an expense of the office of the State’s Attorney.
Md. Code Ann., Crim. Proc. § 15-105 (2026)
Title 15. Office of the State's Attorney
Subtitle 1. Definitions; General Duties and Powers
§ 15–105LinkCopy Citation
A State’s Attorney shall prepare and submit to the Division of Parole and Probation and the Division of Correction a summary of the facts and evidence in each case tried in the circuit court for the county served by the State’s Attorney in which:
(1)
the defendant was sentenced to imprisonment for 18 months or more; and
(2)
the Division of Parole and Probation did not prepare a presentence investigation report.
Md. Code Ann., Crim. Proc. § 15-108 (2026)
Title 15. Office of the State's Attorney
Subtitle 1. Definitions; General Duties and Powers
§ 15–108LinkCopy Citation
(a)
(1)
For the limited purpose of furthering an ongoing criminal investigation, a State’s Attorney or a deputy State’s Attorney designated in writing by the State’s Attorney may issue in the county served by the State’s Attorney 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.
(b)
(1)
A person may have an attorney present during any contact made under subsection (a) of this section with a State’s Attorney or an agent of the State’s Attorney.
(2)
The State’s Attorney shall advise a person of the right to counsel when the subpoena is served.
(c)
(1)
(i)
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.
(ii)
The State’s Attorney 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 (a) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief.
(d)
This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.
Md. Code Ann., Crim. Proc. § 15-109 (2026)
Title 15. Office of the State's Attorney
Subtitle 1. Definitions; General Duties and Powers
§ 15–109LinkCopy Citation
(a)
If necessary due to an absence, sickness, resignation, or death of a State’s Attorney, the circuit court for the county may appoint a competent individual to perform the duties of the State’s Attorney in conducting criminal or civil cases arising or pending in the circuit court until:
(1)
the State’s Attorney is able to attend and act in person; or
(2)
a new State’s Attorney is appointed and qualified.
(b)
An individual appointed under subsection (a) of this section shall receive the same compensation as the State’s Attorney who is replaced.