Section 14-102 - Office of the State Prosecutor.
§ 14-102. Office of the State Prosecutor.
(a) Established.-
(1) There is an Office of the State Prosecutor.
(2) The Office of the State Prosecutor is an independent unit in the Office of the Attorney General.
(b) Eligibility.-
(1) An individual is eligible to be the State Prosecutor only if the individual:
(i) executes an affidavit that the individual will not accept appointment to, or be a candidate for, a State or local office during the period of service as the State Prosecutor and for at least 3 years immediately after the individual last serves as the State Prosecutor; and
(ii) has lawfully and actively practiced law in the State for at least 5 years.
(2) The State Prosecutor shall renew the affidavit every 2 years during the period of service.
(3) A failure to renew the affidavit under this subsection shall subject the State Prosecutor to removal from office under this section.
(c) Nomination; appointment; tenure.-
(1) The State Prosecutor shall be:
(i) nominated by the Commission; and
(ii) appointed by the Governor with the advice and consent of the Senate.
(2) The term of the State Prosecutor is 6 years.
(3) At the end of a term, the State Prosecutor continues to serve until a successor is appointed and qualifies.
(d) Removal.- Only on the recommendation of the Commission, the Governor may remove the State Prosecutor for:
(1) misconduct in office;
(2) persistent failure to perform the duties of the office; or
(3) conduct prejudicial to the proper administration of justice.
(e) Salary.- The State Prosecutor is entitled to the salary provided in the State budget, but not less than the salary of a judge of a circuit court.
[SG § 9-1201; 2008, ch. 15, § 2.]