Selection and qualifications
Like most state attorneys general, the attorney general is elected by statewide vote every four years. The officeholder serves a four-year term and is eligible for re-election with no term limits. [1] As with all statewide offices in Maryland, the attorney general is elected on even-numbered years when there is no election for the president of the United States.
To run for the office, a person must be a citizen of and qualified voter in Maryland and must have lived and practiced law in the state for at least ten years. If the office becomes vacant, the Governor appoints a replacement to serve the remainder of the term. [1]
Functions and responsibilities
The attorney general has general charge, supervision and direction of the legal business of the State. The main constitutional duties of the attorney general are to enforce the rule of law and to provide legal counsel and representation to the state of Maryland.
The attorney general is the legal advisor and representative of the governor, the General Assembly, the judiciary, and all state departments, various boards, commissions, officials, and institutions of state government. [4] Notably, the governor cannot employ additional legal counsel without legislative authorization. [1]
The office consists of fourteen Central Divisions and fifty-six state agency client units. The office provides written legal opinions interpreting state law to the General Assembly, the governor, and other state and local elected officials. Administrative rules and regulations promulgated by state agencies, and bills passed by the General Assembly, are reviewed by the office and defended in court when necessary. [5]
Law enforcement
The attorney general is charged with the enforcement of various laws and to investigate and prosecute a broad range of criminal acts occurring against and within state government.
Criminal Division
The Criminal Division investigates and prosecutes crimes by state employees, fraud against the state, public corruption, gun trafficking, and organized or multi-jurisdictional crimes. [6]
Independent Investigations Division
Established by the General Assembly in 2021, the Independent Investigations Division investigates police-involved deaths or critical injuries that occur in Maryland. Since October 1, 2023, the Division has the authority to prosecute involved law enforcement officers. [7] [8]
Support to local prosecutors
The attorney general is charged with providing assistance to local state's attorneys when they require additional resources or specialized expertise, or when directed by the governor or General Assembly. [1]
Consumer and public protection
Consumer Protection Division
The Consumer Protection Division offers mediation between complainants and businesses, investigates and prosecutes illegal business practices, and registers home builders and health clubs. The division also provides educational materials for Maryland residents. [9]
The attorney general may bring an action to restrain a foreign limited liability company from doing business in this state. [10] The attorney general may obtain a court order prohibiting the guarantor or service contract provider from further violations in this state. [11] [12]
Securities and investment protection
The Securities Division protects Maryland investors from fraud, and administers the Maryland Securities Act, Franchise Registration and Disclosure Law, and Business Opportunities Sales Act. [5]
Healthcare fraud prevention
The Medicaid Fraud and Vulnerable Victims Unit investigates and prosecutes healthcare provider Medicaid fraud, waste, and abuse. [5]
Board and commission memberships
By law, the attorney general, or his or her designee, serves on the School Safety Subcabinet and chairs the Maryland Cybersecurity Council, the Commission on Hate Crimes Response and Prevention, and the Maryland Sexual Assault Evidence Kit Policy and Funding Committee. [13] [14] [15] [16]
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