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Maryland Manual, 1985-86
Volume 182, Page 697   View pdf image (33K)
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Housing Court of Baltimore County, or Justice of the Peace shall
be appointed or elected or exercise any power or jurisdiction.

(b) Each full-time clerk of a justice of the peace designated as
trial magistrate of a People's Court, of the Municipal Court of
Baltimore City, and the chief constable of the People's Court of
Baltimore City who is in office on the day before the first Monday
in July, 1970, shall become a deputy clerk of the District Court on
the first Monday in July 1970. The taking effect of the aforegoing
amendments shall not of itself affect the tenure, term, status,
retirement, or compensation of any person then holding public
office, position, or employment in this State, except as provided in
the amendments.

(c) All statutory references to justices of the peace designated as
trial magistrates, to People's Courts, to the Municipal Court of
Baltimore City or to the Housing Court of Baltimore County,
shall be deemed to refer to the District Court in the appropriate
district, county or Baltimore City, to the extent not inconsistent
with this Constitution.

(d) No member of the General Assembly at which these
amendments were proposed, or at which the number of or salary
of any such judges may have been increased or decreased by the
General Assembly from time to time, if otherwise qualified, is
ineligible for appointment or election as a judge of the District
Court by reason of his membership in the General Assembly.

SEC. 42.147 Vacant.
SEC. 43."" Vacant.
Part VII—Sheriffs.

SEC. 44.'41' There shall be elected in each county and in
Baltimore City one person, resident in said county or City, above
the age of twenty-five years and for at least five years preceding
his election a citizen of the State, to the office of Sheriff. He shall
hold office for four years, until his successor is duly elected and
qualified, give such bond, exercise such powers and perform such
duties as now are or may hereafter be fixed by law.

In case of vacancy by death, resignation, refusal to serve, or
neglect to qualify or give bond, or by disqualification or removal
from the County or City, the Governor shall appoint a person to
be Sheriff for the remainder of the official term.

The Sheriff in each county and in Baltimore City shall receive
such salary or compensation and such expenses necessary to the
conduct of his office as may be fixed by law. All fees collected by
the Sheriff shall be accounted for and paid to the Treasury of the
several counties and of Baltimore City, respectively.

SEC. 45.150 Notaries Public may be appointed for each county
and the city of Baltimore, in the manner, for the purpose, and
with the powers now fixed, or which may hereafter be prescribed
by Law.

ARTICLE V.
ATTORNEY-GENERAL AND STATE'S ATTORNEYS.

Attorney-General.

SEC. I.15' There shall be an Attorney-General elected by the
qualified voters of the State, on general ticket, on the Tuesday

'"Repealed by Chapter 789, Acts of 1969, ratified Nov. 3, 1970.
""Repealed by Chapter 789, Acts of 1969, ratified Nov. 3, 1970.
14'Amended by Chapter 845, Acts of 1914, ratified Nov. 3, 1914;
Chapter 786, Acts of 1945, ratified Nov. 5,1946; Chapter 55, Acts of
1953, ratified Nov. 2, 1954; Chapter 681, Acts of 1977, ratified Nov.
7, 1978.
150 Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978
'"Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.

Constitution of Maryland/697

next after the first Monday in the month of November, nineteen
hundred and fifty-eight, and on the same day, in every fourth year
thereafter, who shall hold his office for four years from the time
of his election and qualification, and until his successor is elected
and qualified, and shall be re-eligible thereto, and shall be subject
to removal for incompetency, willful neglect of duty or misde-
meanor in office, on conviction in a Court of Law.

SEC. 2. All elections for Attorney-General shall be certified to,
and returns made thereof by the Clerks of the Circuit Courts for
the several counties, and the Clerk of the Superior Court of
Baltimore City, to the Governor of the State, whose duty it shall
be to decide on the election and qualification of the person
returned; and in case of a tie between two or more persons, to
designate which of said persons shall qualify as Attorney-
General, and to administer the oath of office to the person
elected.

SEC. 3.'52 (a) The Attorney General shall:
(1) Prosecute and defend on the part of the State all cases
pending in the Appellate Courts of the State, in the
Supreme Court of the United States or the inferior Federal
Courts, by or against the State, or in which the State may
be interested, except those criminal appeals otherwise
prescribed by the General Assembly.
(2) Investigate, commence, and prosecute or defend any
civil or criminal suit or action or category of such suits or
actions in any of the Federal Courts or in any Court of this
State, or before administrative agencies and quasi legisla-
tive bodies, on the part of the State or in which the State
may be interested, which the General Assembly by law or
joint resolution, or the Governor, shall have directed or
shall direct to be investigated, commenced and prosecuted
or defended.
(3) When required by the General Assembly by law or
joint resolution, or by the Governor, aid any State's
Attorney or other authorized prosecuting officer in investi-
gating, commencing, and prosecuting any criminal suit or
action or category of such suits or actions brought by the
State in any Court of this State.
(4) Give his opinion in writing whenever required by the
General Assembly or either branch thereof, the Governor,
the Comptroller, the Treasurer or any State's Attorney on
any legal matter or subject.
(b) The Attorney General shall have and perform any
other duties and possess any other powers, and appoint the
number of deputies or assistants, as the General Assembly
from time to time may prescribe by law.
(c) The Attorney General shall receive for his services
the annual salary as the General Assembly from time to
time may prescribe by law, but he may not receive any fees,
perquisites or rewards whatever, in addition to his salary,
for the performance of any official duty.
(d) The Governor may not employ any additional
counsel, in any case whatever, unless authorized by the
General Assembly.

SEC. 4. No person shall be eligible to the office of Attorney-
General, who is not a citizen of this State, and a qualified voter
therein, and has not resided and practiced Law in this State for at
least ten years.

SEC. 5.153 In case of vacancy in the office of Attorney-General,
occasioned by death, resignation, removal from the State, or from
office, or other disqualification, the Governor shall appoint a
person to fill the vacancy for the residue of the term.

'"Amended by Chapter 663, Acts of 1912. ratified Nov. 4, 1913;
Chapter 10, Acts of 1966, ratified Nov. 8. 1966; Chapter 545, Acts of

1976, ratified Nnv 7, 197h
'"Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

 



 
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Maryland Manual, 1985-86
Volume 182, Page 697   View pdf image (33K)
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