Section 15-416 - Montgomery County.
§ 15-416. Montgomery County.
(a) Scope.- This section applies only in Montgomery County.
(b) Salary; expenses.-
(1) The County Council shall set the salary of the State's Attorney.
(2) Subject to approval by the County Council, the State's Attorney is entitled a reasonable expense allowance for the operation of the office and performance of the duties of the State's Attorney.
(c) Deputy and assistant State's Attorneys.-
(1) The State's Attorney may appoint two deputy State's Attorneys and the number of assistant State's Attorneys that the County Council approves.
(2) Each deputy and assistant State's Attorney is:
(i) subject to the exclusive control of the State's Attorney; and
(ii) entitled to the same benefits as a county employee under the merit system.
(3) The deputy and assistant State's Attorneys:
(i) shall perform the work directed by the State's Attorney or authorized by law; and
(ii) under the direction of the State's Attorney, may present cases to the grand jury, sign indictments and criminal informations, and perform other necessary duties relating to the grand jury and the operation of the office.
(4) (i) In addition to the assistant State's Attorneys appointed in accordance with paragraph (1) of this subsection, the State's Attorney may file a petition in circuit court for authority to appoint additional assistant State's Attorneys.
(ii) The State's Attorney shall:
1. include the reasons for the appointment in the petition; and
2. deliver notice of the petition to the County Executive and County Council.
(iii) The County Executive and County Council may file a response to each petition.
(iv) The county shall pay the salary and expenses of an assistant State's Attorney appointed under this paragraph.
(d) Special investigators.-
(1) The State's Attorney may appoint the number of special investigators approved by the County Council.
(2) (i) In addition to the special investigators appointed in accordance with paragraph (1) of this subsection, the State's Attorney may file a petition in circuit court for authority to appoint additional special investigators.
(ii) The State's Attorney shall:
1. include the reasons for the appointment in the petition; and
2. deliver notice of the petition to the County Executive and County Council.
(iii) The County Executive and County Council may file a response to each petition.
(3) The county shall pay the salary and expenses of a special investigator appointed under this subsection.
(4) A special investigator appointed under this subsection:
(i) is directly under the supervision of the State's Attorney; and
(ii) shall perform each duty designated by the State's Attorney.
(5) A special investigator appointed under this subsection is:
(i) subject to the exclusive control of the State's Attorney; and
(ii) entitled to the same benefits as a county employee under the merit system.
(e) Other staff.-
(1) The State's Attorney may appoint the number of administrative assistants, clerks, administrative aides, paralegal interns, and other staff that the County Council approves.
(2) The employees appointed under this subsection are:
(i) subject to the exclusive control of the State's Attorney; and
(ii) entitled to the same benefits as county employees under the merit system.
(f) Restriction on practice or employment.-
(1) The State's Attorney, deputy State's Attorneys, and assistant State's Attorneys shall serve full time and may not engage in the private practice of law.
(2) A special investigator shall serve full time and may not engage in other employment.
[An. Code 1957, art. 10, § 40(p); 2008, ch. 15, § 2.]