§ 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.

HISTORY: SG § 9-1201; 2008, ch. 15, § 2.