Maryland Constitution Article V - Attorney General & State's Attorneys
Here is a summary and explanation of the Maryland Constitution – Article V: Attorney-General and State’s Attorneys:
MARYLAND CONSTITUTION — ARTICLE V
ATTORNEY-GENERAL AND STATE’S ATTORNEYS
This article defines the powers, duties, terms, and election of the Attorney General of Maryland and the State’s Attorneys for each county and Baltimore City.
Key Sections:
Section 1 – Attorney General:
The Attorney General is elected by the people of the state for a four-year term.
Must be a citizen of Maryland and have practiced law for at least 10 years.
Duties include:
Acting as legal advisor to the Governor, General Assembly, and other state officials.
Representing the state in all legal matters, including courts.
Supervising the conduct of all State's Attorneys.
May appear in any court in the state.
Section 2 – State’s Attorneys:
Each county and Baltimore City elects a State’s Attorney for a four-year term.
Must be a member of the Maryland Bar and have resided in the jurisdiction for at least two years before the election.
Responsibilities include:
Prosecuting criminal cases on behalf of the state in their jurisdiction.
Investigating and prosecuting violations of criminal law.
Serving as the chief law enforcement officer for their locality.
Section 3 – Compensation:
Compensation for both the Attorney General and State’s Attorneys is determined by law, and cannot be increased or decreased during their term of office.
Section 4 – Removal and Vacancy:
Provides for procedures to fill vacancies and remove a State’s Attorney or the Attorney General due to misconduct or inability to perform duties.
Purpose of Article V:
To ensure independent, elected legal officers serve both the state (Attorney General) and local jurisdictions (State’s Attorneys).
Establishes qualifications, powers, and accountability mechanisms for these key legal officials.
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