§ 2-104. Oaths or affirmations

   (a) In general. -- 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) Deputies. -- 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) Oath of deputy sheriff in St. Mary's and Charles counties. --

   (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."

   (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) Montgomery County and Washington County. -- In 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) Before whom taken. --

   (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.

HISTORY: An. Code 1957, art. 16, § 6; art. 26, § 14, 153, 154; art. 70, § 2, 4, 7, 13; art. 87, § 1; 1973, 1st Sp. Sess., ch. 2, § 1; 1980, ch. 712, § 2; 1982, ch. 820, § 3; 1985, ch. 303; 1987, ch. 167; 2003, ch. 427; 2004, chs. 25, 183; 2006, ch. 44, § 6.