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<section article="gcp" article_name="Criminal Procedure" number="15-424" title_number="15" title_name="Office of the State's Attorney" subtitle_number="4" subtitle_name="Countywide Provisions">
  <level label="a">
    <text>This section applies only in Worcester County.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>Subject to paragraph (2) of this subsection, the State’s Attorney’s salary is  90% of the salary of a judge of the District Court of Maryland.</text>
    </level>
    <level label="2">
      <text>By enacting an ordinance before the election filing deadline for the next term of office for the State’s Attorney, the county commissioners may set the salary at an amount exceeding 90% of the salary of a judge of the District Court of  Maryland.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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 commissioners approve.</text>
    </level>
    <level label="2">
      <text>The deputy and assistant State’s Attorneys appointed under paragraph (1) of this subsection shall:</text>
      <level label="i">
        <text>serve at the pleasure of the State’s Attorney; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>If authorized by an ordinance enacted by the county commissioners, the State’s Attorney may appoint special investigators who:</text>
    <level label="1">
      <text>shall serve at the pleasure of the State’s Attorney; and</text>
    </level>
    <level label="2">
      <text>shall perform work as directed by and under the supervision of the State’s Attorney.</text>
    </level>
  </level>
  <level label="e">
    <text>The State’s Attorney shall serve full time and may not engage in the private practice of law.</text>
  </level>
  <level label="f">
    <text>On approval of the county commissioners, the State’s Attorney may hire the clerical, secretarial, and office employees that the  State’s Attorney determines are needed.</text>
  </level>
  <level label="g">
    <text>All employees of the Office of the State’s Attorney, including deputy State’s Attorneys, assistant State’s Attorneys, investigators, clerical workers, secretaries, and office employees:</text>
    <level label="1">
      <text>are employees of the Office of the State’s Attorney and not of the county commissioners;</text>
    </level>
    <level label="2">
      <text>shall receive the same insurance, retirement, and leave benefits as county employees; and</text>
    </level>
    <level label="3">
      <text>are under the control of the State’s Attorney, subject to this section and the personnel rules and regulations that the county commissioners adopt by resolution for county employees.</text>
    </level>
  </level>
  <level label="h">
    <text>The State’s Attorney shall perform the appointment, disciplinary, termination, and managerial functions for all employees of the Office of the State’s Attorney who are covered by the personnel rules and regulations that the county commissioners adopt.</text>
  </level>
  <level label="i">
    <text>The State’s Attorney may adopt office practices, manuals, rules of conduct, and other procedures to serve as conditions of employment for employees of the Office of the State’s Attorney.</text>
  </level>
  <level label="j">
    <level label="1">
      <text>Except for members of the State Bar who serve as deputy or assistant State’s Attorneys, employees of the Office of the State’s Attorney may be disciplined or terminated for cause only in accordance with this section and the personnel rules and regulations that the county commissioners adopt.</text>
    </level>
    <level label="2">
      <text>When a new State’s Attorney takes office or at the beginning of a new term of a State’s Attorney, all clerical, secretarial, office, and other employees except for deputy and assistant State’s Attorneys shall remain in their positions and shall be considered rehired.</text>
    </level>
  </level>
  <level label="k">
    <text>On request of the State’s Attorney, the county commissioners may provide in–kind support to the State’s Attorney for personnel matters.</text>
  </level>
</section>
