Maryland 2022 2022 Regular Session

Maryland House Bill HB692 Introduced / Bill

Filed 02/01/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0692*  
  
HOUSE BILL 692 
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    	CF 2lr2940 
By: Carroll County Delegation 
Introduced and read first time: January 31, 2022 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Carroll County – State’s Attorney – Restrictions on Practice 2 
 
FOR the purpose of prohibiting the State’s Attorney in Carroll County from engaging in 3 
the private practice of law; and generally relating to State’s Attorneys and Carroll 4 
County. 5 
 
BY repealing and reenacting, with amendments, 6 
 Article – Criminal Procedure 7 
Section 15–407 8 
 Annotated Code of Maryland 9 
 (2018 Replacement Volume and 2021 Supplement) 10 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 
That the Laws of Maryland read as follows: 12 
 
Article – Criminal Procedure 13 
 
15–407. 14 
 
 (a) This section applies only in Carroll County. 15 
 
 (b) (1) (i) The State’s Attorney’s salary is the following percentages of the 16 
salary of a judge of the District Court of Maryland: 17 
 
 1. 80%, ending on December 3, 2018; 18 
 
 2. 90%, beginning on December 4, 2018; and 19 
 
 3. 100%, beginning on December 3, 2019, and thereafter. 20 
 
 (ii) A salary increase shall take effect at the beginning of the elected 21  2 	HOUSE BILL 692  
 
 
term of office and may not increase during the term of office. 1 
 
 (2) The county commissioners shall: 2 
 
 (i) provide space for the offices of the State’s Attorney and pay the 3 
expenses of the office, including general operating expenses, equipment costs, and 4 
reasonable costs for secretarial or stenographic needs; or 5 
 
 (ii) as determined by the county commissioners, pay a reasonable 6 
allowance to reimburse the State’s Attorney for the costs of the operation of the office. 7 
 
 (c) (1) The State’s Attorney: 8 
 
 (i) may appoint two deputy State’s Attorneys and the number of 9 
assistant State’s Attorneys necessary to staff the office; and 10 
 
 (ii) subject to the approval of the county commissioners, shall set the 11 
salaries for the deputy and assistant State’s Attorneys. 12 
 
 (2) (i) In addition to the assistant State’s Attorneys appointed under 13 
paragraph (1) of this subsection, if both the State’s Attorney and the resident judge of the 14 
circuit court of the county consider it necessary and the judge approves, the State’s Attorney 15 
may appoint an assistant State’s Attorney. 16 
 
 (ii) The county commissioners shall set the salary of an assistant 17 
State’s Attorney appointed under this paragraph. 18 
 
 (d) The State’s Attorney shall serve full time AND MAY NOT ENGAGE I N THE 19 
PRIVATE PRACTICE OF LAW. 20 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 
October 1, 2022. 22