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State Statutes - Maryland - Article Legal Officials - (g10) - Section 40
Maryland Statutes
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Section 40

      (a)      The State's Attorneys in the several counties of the State shall receive annually the respective salaries set forth for performing the duties required of them by their respective public local laws and by the public general laws, and such expenses as are provided by law and by the current practice in the several counties. The State's Attorneys shall receive annual payments for office, traveling and other expenses. All payments for salaries and expenses shall be made by the respective counties in equal monthly installments unless otherwise specified. The salaries and expenses are as follows:

      (b)      (1)      In Allegany County, the State's Attorney's salary shall be based on the following percentages of a District Court judge's salary in effect on December 31 of the year immediately before the start of the State's Attorney's term of office:

                  (i)      85 percent in calendar year 1999;

                  (ii)      87.5 percent in calendar year 2000; and

                  (iii)      90 percent in calendar year 2001 and in each subsequent calendar year.

            (2)      While in office, the State's Attorney may not engage in the private practice of law.

            (3)      The State's Attorney may appoint two deputy State's Attorneys. The deputy State's Attorneys' salaries may not be less than 80 percent of the salary of the State's Attorney. The deputies shall fulfill the responsibilities of their positions on a full-time basis. The State's Attorney may appoint as many assistant State's Attorneys as are funded and authorized by the Allegany County Commissioners.

            (4)      The State's Attorney, the deputy State's Attorney, or an assistant State's Attorney shall present cases to the grand jury and perform other acts and duties in relation to the grand jury, the Circuit Court including the Juvenile Court, and the District Court as are necessary and proper in the judgment of the State's Attorney.

            (5)      The State's Attorney shall appoint a county and an assistant county investigator in accordance with the provisions of §§ 12-1A and 12-1B of the Allegany County Code. The county and assistant county investigator shall be funded under § 12-1A of the Allegany County Code.

      (c)      In Anne Arundel County:

            (1)      (i)      1.      The annual salary of the State's Attorney for the calendar year 2003 shall be equal to the salary of a circuit judge of the eight judicial circuits as of December 31, 2002.

                        2.      The annual salary of the State's Attorney for the calendar year 2004 and for each subsequent calendar year thereafter shall be increased by 3 percent over the salary of the State's Attorney for the previous calendar year.

                  (ii)      The State's Attorney, during his term of office, may not appear, except in connection with and in performance of his duties as State's Attorney, as counsel or represent any party professionally before any court, board, commission or agency of this State or any county or political subdivision of this State.

                  (iii)      The State's Attorney may not engage in the private practice of law.

            (2)      The State's Attorney may appoint two deputy State's Attorneys and the number of assistant State's Attorneys as provided by the county.

            (3)      The annual salary of the deputy State's Attorneys shall be within the discretion of the State's Attorney, as approved by the county, but may not exceed 90 percent of the State's Attorney's salary.

            (4)      The annual salaries of the assistant State's Attorneys shall be within the discretion of the State's Attorney, as approved by the county, but may not exceed 80 percent of the State's Attorney's salary.

            (5)      (i)      Subject to subparagraph (ii) of this paragraph, the deputy State's Attorneys and the assistant State's Attorneys shall be precluded from the private practice of criminal law and, with the exception of one assistant, shall serve full time.

                  (ii)      In accordance with the Anne Arundel County Code, the State's Attorney may designate two or more assistant State's Attorneys to share one or more full-time positions.

            (6)      The State's Attorney may appoint clerical, administrative, investigative and other assistants as in his judgment may be necessary for the proper conduct of his office.

            (7)      The State's Attorney may from time to time, if considered necessary, with the approval of the administrative judge of the Circuit Court for Anne Arundel County, appoint a temporary assistant State's Attorney for a particular case or series of cases and, with the concurrence of the county, may fix the compensation.

      (d)      (1)      In Baltimore County, subject to the provisions of Article III, § 35 of the Constitution of Maryland, and beginning with the term of the State's Attorney who is elected to that position in 1982, the State's Attorney's salary shall be equal to the salary of a circuit judge of the eight judicial circuits and shall be increased 5 percent annually during the State's Attorney's term of office. The State's Attorney shall serve full time and may not engage in the private practice of law.

            (2)      The State's Attorney shall appoint 2 deputy State's Attorneys. One of these deputy State's Attorneys shall be designated deputy State's Attorney of trial and administration, and the other deputy State's Attorney shall be designated deputy State's Attorney of operations. The deputy State's Attorneys are to perform such work as the State's Attorney may require, shall serve full time, and may not engage in the private practice of law. The salaries of the deputy State's Attorneys shall be set by the State's Attorney, subject to the approval of the County Executive and the County Council of Baltimore County.

            (3)      The State's Attorney of Baltimore County may appoint assistant State's Attorneys as may be authorized by the County Executive of Baltimore County. The salaries of the assistant State's Attorneys shall be set by the State's Attorney, subject to the approval of the County Executive and County Council of Baltimore County.

            (4)      The State's Attorney may appoint such clerical, administrative and other assistants as in his judgment may be necessary for the proper conduct of his office. Such clerical, administrative and other assistants shall perform clerical and other work as directed by the State's Attorney.

            (5)      The deputy State's Attorneys and the assistant State's Attorneys shall have the same legal powers as the State's Attorney to represent the State before grand juries and in the trial of criminal proceedings.

      (e)      (1)      In Calvert County:

                  (i)      The State's Attorney's salary is 90 percent of the salary of a judge of the District Court of Maryland.

                  (ii)      Any salary increase shall take effect at the beginning of the elected term of office and may not increase during that term of office.

                  (iii)      While in office, the State's Attorney shall serve full time and may not engage in the private practice of law.

            (2)      (i)      The State's Attorney, with the approval of the County Commissioners, shall appoint a deputy and assistant State's Attorneys, as needed.

                  (ii)      The salaries of the deputy and assistant State's Attorneys are as set by the Calvert County Commissioners.

                  (iii)      The deputy State's Attorney and the assistant State's Attorney shall serve at the pleasure of the State's Attorney and perform any work as may be directed by the State's Attorney, and may present cases to the grand juries, sign indictments and criminal informations, and perform other functions necessary and proper to the operation of the office of the State's Attorney.

      (f)      In Caroline County,

            (1)      The State's Attorney's annual salary shall be 80 percent of the salary of a judge of the District Court of Maryland.

            (2)      The State's Attorney shall receive expenses as provided by the Standard State Travel Regulations.

            (3)      The State's Attorney may not engage in the private practice of law.

      (g)      (1)      In Carroll County, the State's Attorney's salary is 80 percent of the salary of a judge of the District Court of Maryland. A salary increase shall take effect at the beginning of the elected term of office and may not increase during that term in office.

            (2)      The State's Attorney shall devote full time to the duties of office.

            (3)      The County Commissioners shall provide space for the offices of the State's Attorney and shall pay the expenses of the office, including general operating expenses, cost of equipment, and reasonable costs for secretarial or stenographic needs, or in lieu of providing space and expenses, shall pay over to the State's Attorney a reasonable allowance to be determined by the County Commissioners to reimburse the State's Attorney for the costs of providing the same for the operation of the State's Attorney's office.

            (4)      (i)      The State's Attorney may appoint two deputy State's Attorneys. The deputy State's Attorneys' annual salary shall be set by the State's Attorney, subject to the approval of the County Commissioners.

                  (ii)      The State's Attorney may appoint assistant State's Attorneys, as necessary to properly staff the State's Attorney's offices, at salaries set by the State's Attorney, subject to the approval of the County Commissioners.

            (5)      At such time as both the State's Attorney and the resident judge of the Circuit Court for Carroll County deem it to be necessary, the State's Attorney, with the approval of the resident judge, may appoint an assistant State's Attorney.

            (6)      The assistant State's Attorney shall be paid such salary as shall be fixed by the County Commissioners.

      (h)      (1)      (i)      In Cecil County, the State's Attorney's salary shall be 95 percent of a District Court judge's salary.

                  (ii)      The State's Attorney may not engage in the private practice of law during the State's Attorney's term of office.

                  (iii)      The State's Attorney shall devote full time to the duties of the office.

                  (iv)      In addition to the compensation provided for in this section, the State's Attorney, for the operation of his office and the performance of his duties, shall be entitled to a reasonable expense allowance which shall be as provided for in the Cecil County budget.

            (2)      The State's Attorney may appoint one deputy and such assistant State's Attorneys as are provided for in the Cecil County budget to serve part time at the pleasure of the State's Attorney. The salary of the deputy State's Attorney and the assistant State's Attorneys shall be as provided for in the Cecil County budget.

            (3)      The deputy State's Attorney and the assistant State's Attorneys shall have the same legal powers as the State's Attorney to represent the State before grand juries and in the trial of criminal proceedings.

            (4)      The State's Attorney may appoint clerical, secretarial, administrative, investigative, and other support staff as the State's Attorney deems necessary for the proper conduct of the office. The salaries for these positions shall be as provided for in the Cecil County budget. Except for the State's Attorney's executive secretary and criminal investigators, these employees shall be subject to the Cecil County personnel policies and procedures governing county employees.

            (5)      The State's Attorney is the appointing authority for all employees of that office and all employees except those subject to the county personnel policies and procedures shall serve at the pleasure of the State's Attorney.

            (6)      The State's Attorney, deputy State's Attorney, and assistant State's Attorneys shall be entitled to all benefits received by full-time employees of Cecil County.

            (7)      The State's Attorney's allowance for special work and employment of extra help is $1,500 a year, to be spent only with the approval of the Administrative Judge of the Circuit Court for Cecil County.

      (i)      (1)      In Charles County, the State's Attorney's salary shall be 90% of the salary of a judge of the District Court of Maryland. In addition to the compensation provided for in this section, the State's Attorney shall be entitled to reimbursement for reasonable expenses during his performance of duties, subject to the approval of the County Commissioners. Except in connection with and in performance of duties as State's Attorney, while in office the State's Attorney shall serve full time and may not appear as counsel or represent any party professionally before any court, board, commission, or agency of this State or of any of its political subdivisions, or otherwise engage in the private practice of law.

            (2)      The State's Attorney may appoint deputy State's Attorneys. The deputy State's Attorneys shall serve full time and may not engage in the private practice of law. The salary of each deputy State's Attorney shall be set by the State's Attorney, subject to the approval of the County Commissioners.

            (3)      The State's Attorney may appoint assistant State's Attorneys. The assistant State's Attorneys may serve either part time or full time. An assistant State's Attorney may not engage in the private practice of criminal law. The salary of each assistant attorney shall be set by the State's Attorney, subject to the approval of the County Commissioners and may not exceed the salary of the State's Attorney.

            (4)      The deputy State's Attorneys and the assistant State's Attorneys shall serve at the pleasure of the State's Attorney and shall perform such work as may be directed by the State's Attorney, or as authorized by law, and may present cases to the grand juries, sign indictments and criminal informations, and perform other functions necessary and proper to the operation of the office.

            (5)      The State's Attorney may appoint clerical, administrative, investigative, and other assistants as the State's Attorney deems necessary for the proper conduct of the office. The salaries for these positions shall be set by the State's Attorney, subject to the approval of the County Commissioners. The employees shall be entitled to all benefits received by county employees.

      (j)      (1)      In Dorchester County, the State's Attorney's salary shall be 80 percent of the salary of a judge of the District Court of Maryland.

            (2)      The State's Attorney shall serve full time and while in office may not engage in the private practice of law at any time in any jurisdiction.

            (3)      Except in connection with and in performance of duties as State's Attorney, while in office the State's Attorney may not appear professionally in any criminal proceeding in this State.

            (4)      The State's Attorney may appoint whatever number of full- or part-time deputy or assistant State's Attorneys as may be approved by the Dorchester County Council. All appointees serve at the State's Attorney's pleasure. The salaries and compensation of these persons shall be as approved by the County Council. The deputy or assistant State's Attorneys have the same legal powers as the State's Attorney to present cases to the grand jury and perform whatever other acts and duties in relation to the grand jury and in the operations of the office as are necessary and proper.

            (5)      (i)      In this paragraph, "expenses" includes the costs of:

                        1.      Telephone charges;

                        2.      Office supplies;

                        3.      Postage;

                        4.      Premiums on office bonds;

                        5.      Training;

                        6.      Travel;

                        7.      Conferences;

                        8.      Books and publications; and

                        9.      Office equipment.

                  (ii)      Subject to the approval of the Dorchester County Council, the State's Attorney for Dorchester County is entitled to an allowance for the expenses for the operation of the office of the State's Attorney for Dorchester County.

            (6)      (i)      Subject to the approval of the Dorchester County Council:

                        1.      The State's Attorney may employ administrative and clerical employees; and

                        2.      Administrative and clerical employees shall be compensated at salaries in accordance with the Dorchester County pay scale.

            (ii)      Administrative and clerical employees of the Dorchester County State's Attorney's office shall be considered county employees and are members of the pension system in which a county employee is eligible to be a member.

      (k)      (1)      In Frederick County, the State's Attorney's annual salary shall be 90% of the salary of a judge of the District Court of Maryland.

            (2)      The State's Attorney may appoint two attorneys as deputy State's Attorneys, to serve at the pleasure of the State's Attorney. Each deputy State's Attorney's annual salary shall be set by the State's Attorney, subject to the approval of the County Commissioners. Under the direction of the State's Attorney, the deputy State's Attorneys shall present cases to the grand jury and perform such other acts and duties in relation to the grand jury and in the operation of the office as are necessary and proper.

            (3)      The State's Attorney and deputy State's Attorneys may not engage in the private practice of law.

            (4)      The Board of County Commissioners shall provide an office in the courthouse for the State's Attorney. The Board shall pay the expenses of the office, including general operating expenses, cost of equipment, and the reasonable salary of a stenographer to be appointed by the State's Attorney.

            (5)      The State's Attorney may appoint the number of full or part-time assistant State's Attorneys and other staff personnel as may be approved by the County Commissioners. All such appointees shall serve at the State's Attorney's pleasure. The salaries and compensation of such persons shall be as approved by the County Commissioners. The assistant State's Attorneys shall have the same legal powers as the State's Attorney to present cases to the grand jury and perform such other acts and duties in relation to the grand jury and in the operations of the office as are necessary and proper.

      (l)      In Garrett County:

            (1)      The State's Attorney shall devote full time to the duties of office.

            (2)      The State's Attorney shall receive:

                  (i)      $38,000 for calendar year 1991;

                  (ii)      $42,000 for calendar year 1992;

                  (iii)      $46,000 for calendar year 1993;

                  (iv)      $50,000 for calendar year 1994; and

                  (v)      For each subsequent calendar year, the salary set by the County Commissioners in accordance with Chapter 91 of the Public Local Laws of Garrett County.

            (3)      The State's Attorney's allowance for office expenses is a minimum of $10,000. Any amount in excess of $10,000 shall be at the discretion of the County Commissioners.

            (4)      The State's Attorney may appoint assistant State's Attorneys as approved by the County Commissioners and provided for in the Garrett County budget.

            (5)      The assistant State's Attorneys shall serve at the pleasure of the State's Attorney. The assistant State's Attorney's salary is not less than $25,000 a year.

            (6)      (i)      Subject to the approval of the County Commissioners and if provided for in the Garrett County budget, the State's Attorney may appoint investigators.

                  (ii)      State's Attorney's investigators shall be law enforcement officers in Maryland and shall have the same powers, rights, protections, and fringe benefits as deputy sheriffs in the Sheriff's office of Garrett County.

            (7)      The State's Attorney may employ clerical, administrative, investigative, and other personnel as may be necessary for the proper conduct of the office. The salaries and classification for these employees shall be determined by the State's Attorney, subject to the approval of the County Commissioners and in conformity with the Garrett County pay and classification plans.

      (m)      (1)      This subsection applies only in Harford County.

            (2)      (i)      The annual salary of the State's Attorney is:

                        1.      $90,000 commencing July 1, 2004; and

                        2.      $98,500 commencing January 1, 2007, thereafter to be adjusted annually on July 1 in accordance with subparagraph (ii) of this paragraph.

                  (ii)      1.      On and after July 1, 2007, the annual salary of the State's Attorney shall be adjusted annually to reflect the annual change in the "Consumer Price Index" for "All urban consumers" for the expenditure category "All items not seasonally adjusted", and for all regions. The annual Consumer Price Index for the period ending each December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, shall be used to adjust the annual salary of the State's Attorney while in office.

                        2.      Notwithstanding subsubparagraph 1 of this subparagraph, the annual adjustment to the annual salary of the State's Attorney may not exceed 3 percent in any fiscal year.

                  (iii)      During the term in office of the State's Attorney and except in connection with and in the performance of his duties as State's Attorney, the State's Attorney may not appear as counsel or represent any party professionally before any court, board, commission or agency of this State or any county or political subdivision of this State. The intent is that the State's Attorney may not engage in the private practice of law in any manner.

            (3)      (i)      The State's Attorney may appoint:

                        1.      Up to two deputy State's Attorneys; and

                        2.      Whatever assistant State's Attorneys that are authorized by the County Executive and County Council.

                  (ii)      All appointees serve at the State's Attorney's pleasure. The salaries and compensation of such persons shall be provided by the County Executive and County Council. The deputy State's Attorneys and the assistant State's Attorneys have the same legal powers as the State's Attorney to represent the State before grand juries and in the trial of criminal proceedings.

            (4)      The State's Attorney may appoint a secretary or clerical assistant. The salary of the secretary or clerical assistant shall conform with the exempt classification and pay plan authorized by the County Executive and County Council and the secretary or clerical assistant shall serve at the pleasure of the State's Attorney.

            (5)      The State's Attorney may employ clerical, administrative, investigative, and other personnel as may be necessary for the proper conduct of the office. The salaries and classifications for these employees shall be determined by the State's Attorney, in conformity with the Harford County pay and classification plans, and authorized by the County Executive and County Council. These employees shall be entitled to all benefits received by similarly classified county employees.

            (6)      The county government shall pay all reasonable expenses for the conduct of the office of State's Attorney.

      (n)      In Howard County,

            (1)      The State's Attorney's salary shall be equal to the salary of a judge of the District Court of Maryland. The State's Attorney may not engage in the private practice of law.

            (2)      The State's Attorney may appoint two deputy State's Attorneys, whose salaries shall be set by the County Executive with the approval of the County Council, at not less than $6,000 each annually.

            (3)      The State's Attorney may appoint such assistant State's Attorneys as may be authorized by the County Executive and whose salaries shall be set by the County Executive with the approval of the County Council. The deputy State's Attorneys and assistant State's Attorneys shall serve at the pleasure of the State's Attorney and have the same legal power as the State's Attorney to represent the State before the grand jury and at the trial of criminal proceedings.

            (4)      The State's Attorney may appoint an administrative assistant who is authorized and empowered to collect and distribute moneys payable for the support of dependents under orders issuing from the several courts of this State, or any other state, and to retain two percent of any moneys so collected to be paid to the County Council for Howard County to defray the costs of this service. The administrative assistant's salary shall be set by the County Executive with the approval of the County Council.

            (5)      The County Auditor shall, not later than three months after the close of each fiscal year, examine the books and accounts of the State's Attorney and prepare and submit to the County Council and to the County Executive a complete financial audit for the preceding fiscal year. This report shall be included in the annual audit required by Article 19, § 40 of the Code. Special audits may be ordered at any time by the County Council or County Executive in accordance with § 213 of the Howard County Charter.

            (6)      The deputy State's Attorneys and assistant State's Attorneys shall perform any work directed by the State's Attorney or authorized by law and, under the State's Attorney's direction, may present cases to the grand jury, sign indictments and criminal informations, and perform other acts and duties relating to the grand jury and the operation of the office of the State's Attorney as are necessary and proper.

      (o)      In Kent County:

            (1)      The State's Attorney's salary shall be 70 percent of the salary of a judge of the District Court of Maryland.

            (2)      The State's Attorney may employ one or more deputy State's Attorneys and assistant State's Attorneys who shall be members of the local bar in good standing. The salaries of the deputy State's Attorneys and the assistant State's Attorneys shall be set by the County Commissioners. The deputy State's Attorneys and the assistant State's Attorneys shall serve at the pleasure of the State's Attorney.

            (3)      The State's Attorney may employ a criminal investigator. The salary of the investigator shall be set by the County Commissioners. The investigator shall serve at the pleasure of the State's Attorney.

            (4)      The State's Attorney may employ an administrative coordinator and other administrative and clerical assistants as in the State's Attorney's judgment may be necessary for the proper conduct of the office. The salaries of the administrative coordinator and the administrative and clerical assistants shall be set by the County Commissioners.

            (5)      The State's Attorney's allowance for general office expenses shall be set by the County Commissioners. Expenses shall be paid by the submission of vouchers for the expenses to, and after approval by, the County Commissioners.

            (6)      The State's Attorney's special fund allowance for the cost of making investigations is $4,000. Expenditures from this allowance shall be accounted for to the County Commissioners at the end of each year, and any balance remaining in the fund at the end of the fiscal year reverts to the general fund of the county.

            (7)      The State's Attorney may not engage in the private practice of law during the State's Attorney's term of office.

            (8)      The State's Attorney shall devote full time to the duties of the office.

            (9)      At the discretion of the County Commissioners, each deputy State's Attorney or assistant State's Attorney may engage in the private practice of law.

      (p)      In Montgomery County:

            (1)      The County Council shall set the salary of the State's Attorney for Montgomery County.

            (2)      The State's Attorney may appoint two deputy State's Attorneys and the number of assistant State's Attorneys as approved from time to time by the County Council.

            (3)      The State's Attorney may appoint the number of administrative assistants, special investigators, clerks, administrative aides, paralegal interns, and other personnel as approved from time to time by the County Council.

            (4)      Subject to approval by the County Council, the State's Attorney is entitled to a reasonable expense allowance for operation of his office and performance of his duties, in addition to compensation provided for in this section.

            (5)      All deputy State's Attorneys, assistant State's Attorneys, administrative assistants, special investigators, clerks, administrative aides, paralegal interns, and other personnel of the office of the State's Attorney are subject to his exclusive control and are entitled to all benefits provided for county employees under the merit system.

            (6)      The State's Attorney may petition the Circuit Court for Montgomery County for authority to appoint assistant State's Attorneys and special investigators in addition to those approved by the County Council. Each petition shall include any reasons for the appointment of the additional assistant State's Attorneys and special investigators. The County Executive and the County Council shall receive notice of and may file response to each petition. The county shall pay the salaries and expenses of the assistant State's Attorneys and special investigators appointed pursuant to this section.

            (7)      The State's Attorney, deputy State's Attorneys, and assistant State's Attorneys shall devote their full time and attention to the duties of their respective offices and may not engage in the private practice of law in any jurisdiction or at any time during their tenure of office.

            (8)      The deputy State's Attorneys and assistant State's Attorneys shall perform any work directed by the State's Attorney or authorized by law, and under his direction, may present cases to the grand jury, sign indictments and criminal informations, and perform other acts and duties relating to the grand jury and the operation of the office of the State's Attorney as are necessary and proper.

            (9)      The special investigators appointed by the State's Attorney are directly under the supervision of the State's Attorney and shall perform any duties the State's Attorney may designate from time to time. The special investigators shall devote their full time and attention to their duties as special investigators and may not engage in other employment at any time during their employment as special investigators.

      (q)      In Prince George's County:

            (1)      (i)      The State's Attorney's annual salary shall be:

                        1.      $107,775 for calendar year 1999;

                        2.      $107,775 for calendar year 2000;

                        3.      $111,000 for calendar year 2001;

                        4.      $114,300 for calendar year 2002;

                        5.      $119,900 for calendar year 2003;

                        6.      $119,900 for calendar year 2004; and

                        7.      $125,500 for calendar year 2005 and for each subsequent calendar year.

                  (ii)      The State's Attorney may not, except in connection with duties as State's Attorney, appear as counsel or represent any party professionally before any court, board, commission, or agency of this State or any county or political subdivision of this State. The State's Attorney may not engage in the private practice of law but may participate in the pro bono program administered by the Prince George's County Bar Foundation.

            (2)      The State's Attorney may appoint two deputy State's Attorneys and 73 assistant State's Attorneys. The deputy State's Attorneys and assistant State's Attorneys serve at the pleasure of the State's Attorney.

            (3)      The annual salary of the deputy State's Attorneys shall be within the discretion of the State's Attorney, but may not exceed $108,000. The salaries are to be paid by the county on the certification of the State's Attorney to the County Executive and County Council.

            (4)      The annual salary of the assistant State's Attorneys shall be within the discretion of the State's Attorney, but may not exceed $100,000. The salaries are to be paid by the county on the certification of the State's Attorney to the County Executive and County Council.

            (5)      The deputy State's Attorneys and the assistant State's Attorneys, except in connection with their duties as deputy State's Attorneys and assistant State's Attorneys, may not appear as counsel or represent any party professionally before any court, board, commission or agency of this State or any county or political subdivision of this State. The deputy State's Attorneys and assistant State's Attorneys may not engage in the private practice of law, but may participate in the pro bono program administered by the Prince George's County Bar Foundation.

            (6)      The deputy State's Attorneys and the assistant State's Attorneys shall perform whatever work as may be directed by the State's Attorney, or as authorized by law, and under the direction of the State's Attorney may present cases to the grand juries, sign indictments and criminal informations, and perform whatever other acts and duties in relation to the grand juries and in the operation of the office as are necessary and proper.

            (7)      The State's Attorney may appoint an administrative assistant to serve at the pleasure of the State's Attorney. The annual salary of the administrative assistant shall be within the discretion of the State's Attorney, but may not exceed $59,000. The salary is to be paid by the county on the certification of the State's Attorney to the County Executive and County Council. The administrative assistant is not subject to the rules and regulations of the county merit system, but shall be entitled to all benefits provided for county employees under the merit system.

            (8)      (i)      All eligible full-time nonexempt employees, as described in the Prince George's County Labor Code, of the State's Attorney's office shall be subject to the county personnel law.

                  (ii)      An employee described in subparagraph (i) of this paragraph:

                        1.      Has the right to organize and bargain collectively; and

                        2.      Shall be subject to the Prince George's Labor Code with regard to collective bargaining for compensation, including pension and fringe benefits, hours, and terms and conditions of employment.

                  (iii)      The County Executive shall be considered the employer of the employee described in subparagraph (i) of this paragraph only for the purpose of collective bargaining for compensation, including pension and fringe benefits, and hours.

                  (iv)      1.      The State's Attorney shall be considered the employer of the employee described in subparagraph (i) of this paragraph for purposes of collective bargaining for other terms and conditions of employment.

                        2.      Any required funding for a collective bargaining agreement negotiated by the State's Attorney under this subparagraph shall be subject to the approval of the County Executive.

            (9)      The salary and expenses of the State's Attorney, the deputy State's Attorneys, and the assistant State's Attorneys shall be paid in equal semimonthly installments.

      (r)      (1)      In Queen Anne's County, the annual salary of the State's Attorney is 90 percent of the salary of a judge of the District Court of Maryland. The salary shall be set prior to the date on which a newly elected State's Attorney first assumes his or her position during his or her term of office.

            (2)      The State's Attorney may not engage in the private practice of law at any time in any jurisdiction during the State's Attorney's tenure in office.

            (3)      The State's Attorney may not appear professionally in any criminal proceeding in this State, except in the performance of his or her position as State's Attorney.

            (4)      The State's Attorney may appoint one or more assistant State's Attorneys with the approval of the County Commissioners at a salary set by the County Commissioners.

            (5)      The County Commissioners shall furnish the State's Attorney with an office and with a secretary, whose salary shall be determined by the County Commissioners. The County Commissioners shall furnish the State's Attorney with supplies and equipment for the office, as the County Commissioners shall deem appropriate. The County Commissioners shall reimburse the State's Attorney for any actual expenses of the office, which shall be shown by vouchers. The vouchers shall be presented to the County Commissioners for reimbursement.

      (s)      (1)      (i)      In St. Mary's County the State's Attorney's salary is 90 percent of the salary of a judge of the District Court of Maryland. A salary increase shall take effect at the beginning of the elected term of office and may not increase during that term of office.

                  (ii)      During his term of office, the State's Attorney may not engage in the private practice of law in any matter after December 31, 1982.

                  (iii)      The State's Attorney may not appear professionally in any criminal proceeding in this State, except in connection with and in the performance of his duties as the State's Attorney.

            (2)      (i)      The State's Attorney may appoint administrative support staff as necessary for the conduct of the office.

                  (ii)      Administrative support staff positions are in the St. Mary's County merit system.

                  (iii)      The County Commissioners of St. Mary's County shall make provisions for all administrative support staff, independent office facilities, office equipment, supplies and books, and any other items necessary for the operation of the State's Attorney's office.

            (3)      (i)      The State's Attorney may appoint a deputy State's Attorney, two or more assistant State's Attorneys and one or more investigators.

                  (ii)      The deputy State's Attorney and the assistant State's Attorneys may be part-time or full-time employees and shall serve at the pleasure of the State's Attorney.

                  (iii)      The investigators:

                        1.      May be part-time or full-time employees; and

                        2.      Shall be in the St. Mary's County merit system.

                  (iv)      The County Commissioners shall make available to the State's Attorney an annual sum from which the State's Attorney shall appropriate salaries for the deputy State's Attorney, the assistant State's Attorneys, and the investigators.

            (4)      Payments for salaries shall be made biweekly and payments for expenses shall be made upon the presentation of vouchers.

      (t)      In Somerset County,

            (1)      The State's Attorney's salary is $91,100.

            (2)      The State's Attorney may not engage in the private practice of law at any time in any jurisdiction during the State's Attorney's tenure of office.

            (3)      (i)      The State's Attorney may appoint a deputy State's Attorney.

                  (ii)      The deputy State's Attorney shall serve at the pleasure of the State's Attorney and shall perform the work as may be directed by the State's Attorney or as authorized by law.

                  (iii)      The deputy State's Attorney may not engage in the private practice of law.

                  (iv)      The salary of the deputy State's Attorney shall be set by the County Commissioners and may not exceed the salary of the State's Attorney.

                  (v)      The deputy State's Attorney shall present cases to grand juries, sign indictments and criminal informations, and perform other functions necessary and proper to the operation of the State's Attorney's office.

            (4)      The State's Attorney may appoint one or more assistants at a salary set by the County Commissioners.

            (5)      The State's Attorney may hire an investigator or investigators for which provision is made in the annual county budget.

      (u)      In Talbot County:

            (1)      (i)      The State's Attorney's salary shall be 80 percent of the salary of a judge of the District Court of Maryland.

                  (ii)      The State's Attorney shall serve full time and may not engage in the private practice of law.

            (2)      The State's Attorney may appoint whatever number of full- or part-time deputy or assistant State's Attorneys as may be approved by the County Council. All appointees serve at the State's Attorney's pleasure. The salaries and compensation of these persons shall be as approved by the County Council. The deputy or assistant State's Attorneys have the same legal powers as the State's Attorney to present cases to the grand jury and perform whatever other acts and duties in relation to the grand jury and in the operations of the office as are necessary and proper.

            (3)      (i)      In this paragraph, "expenses" includes the costs of:

                        1.      Administrative, clerical, and secretarial expenses including salaries and benefits;

                        2.      Telephone charges;

                        3.      Office supplies;

                        4.      Postage;

                        5.  

 
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