# State Government (GSG)

## Title 6. Attorney General

### Subtitle 1. Definitions; General Provisions

#### Section 6-101

In this title, "Office" means the Office of the Attorney General.

#### Section 6-102

Except as otherwise provided by law, this title does not apply to:

(1) the Public Service Commission;

(2) a board of supervisors of elections of a county;

(3) the Baltimore City Board of School Commissioners or a county board of education; or

(4) any other county officer or unit.

#### Section 6-103

(a) There is an Attorney General of the State, as provided in Article V, Sec. 1 of the Maryland Constitution.

(b) The Attorney General's annual salary shall be:

  (1) $175,000 for the first year of the term beginning January 2027;

  (2) $180,000 starting on the first anniversary of the beginning of the term;

  (3) $180,000 starting on the second anniversary of the beginning of the term; and

  (4) $185,000 starting on the third anniversary of the beginning of the term and thereafter.

(c) The Attorney General is also entitled to reimbursement for travel and other expenses that are connected with the duties of the Office.

#### Section 6-104

(a) There is an Office of the Attorney General.

(b) The Attorney General may have offices, which the State shall maintain and equip.

#### Section 6-105

(a)

  (1) The Attorney General may employ a staff in accordance with the State budget.

  (2) Attorneys, positions that provide direct support to the Attorney General, and positions that provide direct support to the positions specified in paragraph (3) of this subsection, appointed under this subsection:

    (i) notwithstanding any other law, and except as provided in paragraph (3) of this subsection, are deemed special appointments within the meaning of Sec. 6-405(a) of the State Personnel and Pensions Article;

    (ii) may not be determined to be special appointments under Sec. 6-405(b) of the State Personnel and Pensions Article; and

    (iii) serve at the pleasure of the Attorney General.

  (3) The following positions are special appointments under Sec. 6-405(b) of the State Personnel and Pensions Article:

    (i) Deputy Attorney General;

    (ii) special assistant to the Attorney General;

    (iii) executive counsel to the Attorney General;

    (iv) director or chief of a division or unit in the Office; and

    (v) principal counsel to a State unit.

  (4)

    (i) Staff appointed under this subsection is entitled to compensation as provided in the State budget.

    (ii) Unless the State budget provides otherwise, the salary of a Deputy Attorney General, assistant Attorney General, or special attorney appointed under this subsection is payable from the funds of the Office.

  (5) Staff is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(b)

  (1) In addition to any other staff appointed under this section, the Attorney General, with the written approval of the Governor, may employ any assistant counsel that the Attorney General considers necessary to carry out any duty of the Office in an extraordinary or unforeseen case or in special county work.

  (2) The Attorney General shall submit to the Governor a written request that:

    (i) states the necessity of and each reason for the special employment; and

    (ii) states the proposed compensation and its source or certifies that the Attorney General cannot ascertain in advance the proper compensation.

  (3) Compensation that cannot be ascertained in advance may be agreed on or adjusted later.

(c)

  (1) In addition to any other staff appointed under this section, the Attorney General may employ special counsel to defend a State officer or State employee under Title 12, Subtitle 3 of this article if the Attorney General determines that representation by the Attorney General or an assistant is impracticable or uneconomical.

  (2) The special counsel is entitled to compensation, as set by the Attorney General and approved by the Board of Public Works, under Title 12, Subtitle 5 of this article.

(d) Each Deputy Attorney General, assistant Attorney General, or special attorney appointed under subsection (a) of this section shall be a practicing lawyer of the State in good standing.

(e)

  (1) The Attorney General may assign any duty that the law imposes on the Attorney General to a Deputy Attorney General, assistant Attorney General, or special attorney appointed under subsection (a) of this section or, to the extent permitted by law, a law clerk.

  (2) The Deputy Attorney General, assistant Attorney General, special attorney, or law clerk shall perform the assigned duty, subject to the control of the Attorney General.

(f) In addition to any other staff appointed under this section, the Attorney General may employ any assistant counsel that the Attorney General considers necessary to carry out any duty of the Office if the employment of the assistant counsel:

  (1) is on a pro bono basis;

  (2) will not result in more than minimal cost to the State; and

  (3) will not result in the payment to the assistant counsel of any portion of the State's recovery in any case or matter.

(g)

  (1) The Attorney General, in consultation with the Secretary of Budget and Management, may set the pay scale of a position in the Office of the Attorney General that:

    (i) is unique to the Office of the Attorney General; and

    (ii) requires specific skills or experience to perform the duties of the position.

  (2) The Secretary of Budget and Management, in consultation with the Attorney General, shall determine the positions for which the Attorney General may set compensation under paragraph (1) of this subsection.

#### Section 6-106

(a) Except as otherwise provided in this section, the Attorney General has general charge of the legal business of the State.

(b) Unless a law expressly provides for a general counsel as the legal adviser and representative of the officer or unit, the Attorney General is the legal adviser of and shall represent and otherwise perform all of the legal work for each officer and unit of the State government.

(c) Notwithstanding any other section of law, an officer or unit of the State government may not employ or be represented by a legal adviser or counsel other than the Attorney General or a designee of the Attorney General, except that:

  (1)

    (i) an officer or unit of the State government may employ or be represented by a legal adviser or counsel other than the Attorney General or the Attorney General's designee with prior approval of the Attorney General; and

    (ii) the approval may be provided under Sec. 6-105(b) or (c) of this subtitle, Sec. 13-107 of the State Finance and Procurement Article, or other authority specified by the Attorney General;

  (2) a State institution may employ counsel to represent the institution in a habeas corpus proceeding;

  (3) a unit of the State government may employ counsel if:

    (i) an investigation by an investigating committee of the General Assembly affects the unit;

    (ii) the Attorney General represents both the investigating committee and the unit;

    (iii) the Attorney General gives the Board of Public Works and the unit written notice that representation by the Attorney General involves or reasonably may involve a conflict of interest; and

    (iv) the Board of Public Works approves the employment of counsel by the unit;

  (4) the Office of the Public Defender may employ or be represented by a legal adviser or counsel other than the Attorney General or the Attorney General's designee; and

  (5) unless otherwise agreed to by the Attorney General and the County Attorney for Montgomery County, the County Attorney for Montgomery County may represent the Montgomery County Department of Health and Human Services in a contested case under Title 10, Subtitle 2 of this article.

#### Section 6-106.1

(a) The General Assembly finds that:

  (1) the federal government's action or failure to take action may pose a threat to the health and welfare of the residents of the State; and

  (2) the State should investigate and obtain relief from any arbitrary, unlawful, or unconstitutional federal action or inaction and prevent such action or inaction from harming the residents of the State.

(b)

  (1) In addition to any other powers and duties and subject to the requirements of this subsection, the Attorney General may investigate, commence, and prosecute or defend any civil or criminal suit or action that is based on the federal government's action or inaction that threatens the public interest and welfare of the residents of the State with respect to:

    (i) protecting the health of the residents of the State and ensuring the availability of affordable health care;

    (ii) safeguarding public safety and security;

    (iii) protecting civil liberties;

    (iv) preserving and enhancing the economic security of workers and retirees;

    (v) protecting financial security of the residents of the State, including their pensions, savings, and investments, and ensuring fairness in mortgages, student loans, and the marketplace;

    (vi) protecting the residents of the State against fraud and other deceptive and predatory practices;

    (vii) protecting the natural resources and environment of the State;

    (viii) protecting the residents of the State against illegal and unconstitutional federal immigration and travel restrictions;

    (ix) protecting residents of the State who are employees of the federal government who are not being paid because of a full or partial federal government shutdown due to a lapse in appropriations;

    (x) protecting residents of the State who were employees of the federal government, and on or after January 1, 2025:

      (1) were terminated from employment by the federal government due to the closure, relocation, or mass layoff of a unit of the federal government, or other similar circumstances beyond the employees' control; or

      (2) separated from employment by the federal government as a result of a voluntary separation incentive payment;

    (xi) protecting residents of the State who are inappropriately denied federal benefits that they have earned, including Social Security benefits, Medicare, and Veterans Affairs benefits;

    (xii) protecting residents of the State who are inappropriately denied federal entitlements, including Medicaid; or

    (xiii) otherwise protecting, as parens patriae, the State's interest in the general health and well-being of its residents.

  (2) Except as provided in paragraph (4) of this subsection, before commencing a suit or an action under paragraph (1) of this subsection, the Attorney General shall provide to the Governor:

    (i) written notice of the intended suit or action; and

    (ii) an opportunity to review and comment on the intended suit or action.

  (3) If the Governor objects to the intended suit or action for which notice was provided under this subsection:

    (i) the Governor shall provide in writing to the Attorney General the reasons for the objection within 10 days after receiving the notice; and

    (ii) except as provided in paragraph (4) of this subsection, the Attorney General shall consider the Governor's objection before commencing the suit or action.

  (4) If the Attorney General determines that emergency circumstances require the immediate commencement of a suit or an action under paragraph (1) of this subsection, the Attorney General shall provide to the Governor notice of the suit or action as soon as reasonably practicable.

(c) The Governor's proposed budget for fiscal year 2019, and for each fiscal year thereafter, shall appropriate at least $2,500,000 to the Attorney General to be used only for:

  (1) carrying out this section; and

  (2) employing attorneys in the Office of the Attorney General.

#### Section 6-106.2

(a) This section applies to an action brought or asserted by the State arising from or related to alleged or threatened injuries to the environment, infrastructure, or the natural resources of the State associated with the allision between the vessel known as the Dali and the Francis Scott Key Bridge on March 26, 2024.

(b)

  (1) In this section the following words have the meanings indicated.

  (2) "Proportionate share of liability" means the percentage of comparative responsibility assigned by a judge or jury to a settling party in accordance with this section.

  (3) "Responsible person" means a person alleged to be liable in an action governed by this section.

(c) In an action governed by this section, the judge or jury shall:

  (1) make a determination of the total liability, including damages, costs, and any other available relief;

  (2) assign comparative responsibility to each party joined in the action, including all defendants, third-party defendants, intervenors, and any other named party, based on the party's relative degree of fault or responsibility for the total liability; and

  (3) if equity requires, determine the liability of a group of related persons on a collective basis.

(d) If the State has not obtained complete relief from a responsible person who has resolved the person's liability to the State in a settlement of an action governed by this section, the State may:

  (1) continue to pursue an action against any other responsible person who has not resolved the person's liability to the State; or

  (2) bring a new action against any other responsible person who has not resolved the person's liability to the State.

(e) Notwithstanding any other provision of State law:

  (1) the Maryland Uniform Contribution Among Joint Tort-Feasors Act under Title 3, Subtitle 14 of the Courts Article does not apply to an action governed by this section;

  (2) if a responsible person resolves the person's liability to the State in a settlement of an action governed by this section, the person may not be liable for claims for noncontractual contribution or indemnity regarding any action or claim resolved in the settlement; and

  (3) a settlement of an action governed by this section that resolves the liability of a responsible person:

    (i) does not release from liability any other responsible person except as specifically provided in the terms of the settlement; but

    (ii) reduces the potential liability of all other responsible persons liable in whole or in part by the larger of:

      (1) the settling person's proportionate share of liability; or

      (2) the amount the settling person pays to settle the action.

(f) This section may not be construed to:

  (1) impair any express contractual rights;

  (2) create new types of actions or claims;

  (3) alter the burden of proof, causation standard, or elements of an action or claim governed by this section; or

  (4) grant authority to the State or the Attorney General to bring actions or claims not otherwise authorized by law.

#### Section 6-107

(a) The Attorney General is the legal adviser of and shall represent and otherwise perform all of the legal work for:

  (1) the Board of Supervisors of Elections of Baltimore City;

  (2) the Board of Liquor Commissioners of Baltimore City; and

  (3) the Sheriff of Baltimore City.

(b)

  (1) The Attorney General may advise or represent a political subdivision of the State or any of its officers, employees, or agents as to a matter that relates to State or federal antitrust law.

  (2) Representation under this subsection may include an appearance in an action or administrative proceeding to defend the subdivision, officer, employee, or agent.

  (3) The Attorney General may require a political subdivision to pay into the General Fund of the State reimbursement for the costs of defending the subdivision in an action or proceeding.

  (4) This subsection does not deprive any political subdivision, officer, employee, or agent of any right to retain counsel, at the expense of the subdivision, officer, employee, or agent.

#### Section 6-108

(a) The Attorney General or any Deputy Attorney General or assistant Attorney General whom the Attorney General designates may:

  (1) become a member of an organization of attorneys general of other states or their deputies or assistants and, as provided in the State budget, contribute to the expenses of the organization; and

  (2) use the services of the Council of State Governments and, as provided in the State budget, contribute to the cost of the services.

(b)

  (1) On January 1 of each year, the Attorney General shall submit an annual report to the Governor and, in accordance with Sec. 2-1257 of this article, the General Assembly.

  (2) The annual report shall:

    (i) describe the business and proceedings of the Office during the preceding calendar year; and

    (ii) include any recommendations that the Attorney General considers appropriate.

(c) The Attorney General shall keep the following records until they are disposed of in accordance with Sec. 10-616 of this article:

  (1) a copy of the pleadings in each suit, action, or other proceeding of which the Office has charge;

  (2) a complete and current docket of those proceedings;

  (3) a copy of each written opinion that the Office issues; and

  (4) an abstract of each title that the Office examines or has examined.

(d) The Attorney General annually shall publish on the website of the Attorney General:

  (1) the opinions that the Office issued during the preceding calendar year; and

  (2) the annual report for that preceding calendar year.

(e)

  (1) The papers of the Office shall be filed in its offices until disposed of in accordance with Sec. 10-616 of this article.

  (2) The papers and books of the Office shall be indexed so that they are readily accessible.

#### Section 6-109

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Department" means the Department of Assessments and Taxation.

  (3) "Governing body" means the head, board, council, board of directors, or other governing body of a State agency.

(b)

  (1) A State agency not represented by the Attorney General shall designate a citizen of this State who resides in this State, a Maryland corporation, or an officer of the State agency as its resident agent and change its resident agent by filing for record with the Department a certified copy of a resolution of its governing body that authorizes the designation or change.

  (2) A State agency may change the address for its resident agent by filing for record with the Department a statement of the change signed by the chairman or other principal officer of its governing body.

(c)

  (1) A resident agent whose address changes may notify the Department by filing for record with the Department a statement of the change signed by or for the resident agent.

  (2) A resident agent may resign by filing with the Department a statement of resignation.

(d) There is no fee for a filing under this section.

(e) A designation, change of agent, change of address, or resignation is effective as provided in the Corporations and Associations Article for a corporate resident agent.

(f)

  (1) Service of process on a resident agent of a State agency constitutes effective service of process under the Maryland Rules on the State agency in an action, suit, or proceeding that is pending, filed, or instituted against the State agency.

  (2) Any notice required by law to be served by personal service on a resident agent or other agent or officer of a State agency may be served in the manner provided by the Maryland Rules relating to service of process on State agencies.

  (3) Service under the Maryland Rules is equivalent to personal service on a resident agent or other agent or officer of a State agency.

#### Section 6-110

(a) The Chief Deputy Attorney General shall serve as acting Attorney General if the Attorney General temporarily is unable or unavailable to carry out the duties of office.

(b) If the Attorney General gives the Chief Deputy Attorney General written notice of a temporary inability or unavailability, the acting Attorney General shall serve:

  (1) on and after the date that the Attorney General sets in the notice; and

  (2) until the Attorney General gives the acting Attorney General written notice that the Attorney General is able to carry out the duties of office.

(c) If the Attorney General has not given notice, but the members of the Board of Public Works and the presiding officers of the General Assembly, by a majority vote, make a formal, written determination of a temporary inability or unavailability of the Attorney General, the Chief Deputy Attorney General shall serve as acting Attorney General:

  (1) on and after the date of the determination; and

  (2) until the members of the Board of Public Works and the presiding officers of the General Assembly, by a majority vote, determine and give the Attorney General and the acting Attorney General written notice that the Attorney General is able to carry out the duties of office.

(d)

  (1) On petition of any member of the Board of Public Works, a presiding officer of the General Assembly, the Attorney General, or the acting Attorney General, a circuit court has exclusive original jurisdiction to determine any issue that arises under this section and to pass any appropriate order.

  (2) Except for cases that the court considers of greater importance, a proceeding under this section, including an appeal, shall:

    (i) take precedence on the docket;

    (ii) be heard at the earliest practicable date; and

    (iii) be expedited in every way.

#### Section 6-111

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Collateral immigration enforcement" means federal immigration enforcement actions that affect individuals who are not the primary target of the enforcement action but are present at the location of the enforcement action.

  (3) "Immigration enforcement" means federal immigration enforcement actions.

  (4) "Sensitive location" means:

    (i) a public school, designated school bus stop, or school vehicle, as defined in Sec. 11-154 of the Transportation Article;

    (ii) a public library;

    (iii) a health care facility operated by a unit of State or local government;

    (iv) a facility operated by the Comptroller;

    (v) a courthouse; or

    (vi) any other location that:

      (1) provides State-funded services related to:

      (A) physical or mental health;

      (B) education;

      (C) shelter care;

      (D) distributing food to individuals in need; or

      (E) access to justice; and

      (2) as determined by the Attorney General, requires special consideration for immigration enforcement activities.

(b) The Attorney General shall develop and publish guidance that informs the public and relevant State agencies about:

  (1) delineating between immigration enforcement within the public portions of sensitive locations and the nonpublic or private portions of sensitive locations;

  (2) verifying the identity of immigration enforcement agents and validating immigration enforcement documentation seeking specific individuals;

  (3) limiting liability exposure for State, local, and private institutions and the participation of the employees of those institutions in immigration enforcement at sensitive locations;

  (4) facilitating relationships between federal law enforcement officers and State and local officials and law enforcement officers in order to conduct immigration enforcement activities through the least dangerous and disruptive means; and

  (5) complying with existing legal obligations and limitations on State and local agencies while maintaining public safety and accessibility to those agencies.

(c) Private entities are encouraged to adopt policies consistent with the guidance developed under subsection (b) of this section if the private entities provide services related to:

  (1) physical or mental health;

  (2) education;

  (3) shelter care;

  (4) distributing food to individuals in need; or

  (5) access to justice.

(d)

  (1) On or before October 1, 2025, each public school, public library, and unit of the Executive Branch of State or local government that operates at a sensitive location shall implement a policy consistent with the guidance issued by the Attorney General under this section.

  (2) On or before October 1 each year, beginning in 2026, the Attorney General shall update the guidance issued under this section, as necessary, and if the guidance is updated each public school, public library, and unit of Executive Branch of State or local government shall implement a policy consistent with the guidance issued by the Attorney General under this section.

  (3)

    (i) On or before October 1, 2026, each courthouse shall implement a policy which may consider the guidance issued by the Attorney General under this section.

    (ii) On or before October 1 each year, each courthouse shall update the policy implemented under subparagraph (i) of this paragraph as necessary.

(e) The guidance and policies required by this section are not subject to Title 10, Subtitles 1, 2, and 3 of this article.

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Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)