WES MOORE, Governor Ch. 311
– 1 –
Chapter 311
(Senate Bill 1108)
AN ACT concerning
Carroll County – Deputy Clerk or Deputy Sheriff – Oath of Office
FOR the purpose of requiring that every deputy clerk or deputy sheriff in Carroll County
take and sign the oath or affirmation prescribed by the Maryland Constitution; and
generally relating to oaths of office.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 2–104
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
2–104.
(a) Every auditor, clerk, sheriff, constable, commissioner, surveyor, or other
officer before he assumes the duties of his office, shall take and sign the oath or affirmation
prescribed by the Constitution.
(b) Except as provided in subsection (d) of this section, every deputy clerk or
sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do swear (or
affirm) that I will not for lucre or malice delay any person applying to me for any business
belonging to the office I officiate in, and that I will not directly or indirectly ask, take, exact,
demand, or receive from or charge to any such person to my own use any fee or reward
whatsoever for any services I may do as deputy of the said office, and that in making out
the office fees I will not wittingly or willingly charge other or higher fees than are allowed
by law.”
(c) (1) In addition to the oath or affirmation required under subsection (b) of
this section, in St. Mary’s County, every deputy sheriff shall take and subscribe the
following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true
faith and allegiance to the United States of America and to the State of Maryland; that I
will serve honestly and faithfully to uphold and defend the Constitution of the United
States and the Constitution of Maryland; that I will enforce the laws of St. Mary’s County,
and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior
officers according to the rules and regulations of the Sheriff’s Office, St. Mary’s County and
the State of Maryland.” Ch. 311 2024 LAWS OF MARYLAND
– 2 –
(2) In addition to the oath or affirmation required under subsection (b) of
this section, in Charles County, every deputy sheriff shall take and subscribe the following
oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and
allegiance to the United States of America and to the State of Maryland; that I will serve
honestly and faithfully to uphold and defend the Constitution of the United States and the
Constitution of Maryland; that I will enforce the laws of Charles County, and the State of
Maryland; and that I will obey the orders of the Sheriff and of my superior officers according
to the rules and regulations of the Sheriff’s Office, Charles County and the State of
Maryland.”
(d) In CARROLL COUNTY, Montgomery County, and Washington County, every
deputy clerk or deputy sheriff shall take and sign the oath or affirmation prescribed by
Article I, § 9 of the Maryland Constitution.
(e) (1) Except as authorized by Article I, § 10 of the Maryland Constitution,
every officer, except the clerk of the circuit court of a county or an appellate court, shall
take the oath before the clerk of the circuit court.
(2) Except as provided in Article I, § 10 of the Maryland Constitution, the
clerk of a circuit court shall take the oath before a judge of the court.
(3) The clerk of an appellate court shall take the oath before the Governor.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
Approved by the Governor, April 25, 2024.