Appointed by Governor (who names chair): Barbara Sue Liebman, 1987; Charles Cahn II, 1989; Barry A. Gold, 1989; two vacancies.
Ex officio: J. Joseph Curran, Jr., Attorney General
233 East Redwood St.
Baltimore, MD 21202 - 3332
The State Prosecutor Selection and Disabilities Commission was created by a 1976 law which took effect on January 1, 1977 (Chapter 612, Acts of 1976).
When the Governor notifies the Commission that a vacancy exists or is about to occur in the office of State Prosecutor, the Commission seeks and reviews applications of proposed nominees for the position. The Commission then interviews and evaluates eligible applicants and reports in writing to the Governor (within seventy days after notification) the name of the person or persons it finds to be legally and professionally qualified. The Governor may appoint or reject within thirty days of receiving the Commission's report.
If, after a hearing, the Commission finds the State Prosecutor guilty of misconduct in office, persistent failure to perform the duties of the office, or conduct prejudicial to the proper administration of justice, the Commission may reprimand the State Prosecutor or recommend to the Governor the removal from office of the State Prosecutor. The Commission also is empowered to investigate allegations made against the State Prosecutor which, if true, may warrant removal or discipline. In this regard, the Commission may conduct hearings, administer oaths and affirmations, issue process to compel attendance of witnesses and the production of evidence, and require persons to testify and produce evidence by granting them immunity from prosecution, penalty, or forfeiture.
The Commission has seven members. Six are appointed to four-year terms by the Governor. Of those appointed, two are nominees of the Senate President; two are nominees of the Speaker of the House of Delegates; one is nominated by the Board of Governors of the Maryland State Bar Association. One - an incumbent State's Attorney at the time of appointment and throughout the term of service - is nominated by the governing board of the Maryland State's Attorneys' Association. One serves ex officio. The Governor names the chair (Code 1957, Art. 10, secs. 33D-33F).
July 10, 1998
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