Maryland Attorney General

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. 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.

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. Notably, the governor cannot employ additional legal counsel without legislative authorization.

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.

Litigation

The attorney general and assistant attorneys general represent the state of Maryland in all legal cases. This includes representing the state before the Maryland Circuit Courts, the Appellate Court of Maryland, the Supreme Court of Maryland, the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Court for the District of Maryland, and in the United States Supreme Court.

The attorney general represents state agencies, officials, and employees in civil lawsuits and defends the constitutionality of state laws when challenged.

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.

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.

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.

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.

The attorney general may bring an action to restrain a foreign limited liability company from doing business in this state. The attorney general may obtain a court order prohibiting the guarantor or service contract provider from further violations in this state.

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.

Healthcare fraud prevention

The Medicaid Fraud and Vulnerable Victims Unit investigates and prosecutes healthcare provider Medicaid fraud, waste, and abuse.

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.

List of Maryland attorneys general

Colonial period

List of the colonial Attorneys General of Maryland

Modern attorneys general

List of the attorneys general of Maryland

References

References

1. "Article V. Constitution of Maryland".
2. "Maryland State Board of Elections".
3. "About the Attorney General".
4. "Maryland State Government".
5. "About the Office of the Attorney General".
6. "Criminal Division".
7. "Independent Investigations Division".
8. "Brown announces indictment of two Anne Arundel police officers after fatal 2023 crash".
9. "Consumer Protection Division".
10. "2020 Maryland Statutes :: Corporations and Associations :: Title 4A – Limited Liability Company Act :: Subtitle 10 – Foreign Limited Liability Companies :: Section 4A-1008 – Action by Attorney General".
11. "2020 Maryland Statutes :: Commercial Law :: Title 14 – Miscellaneous Consumer Protection Provisions :: Subtitle 4 – Maryland Service Contracts and Consumer Products Guaranty Act".
12. "2020 Maryland Statutes :: Commercial Law :: Title 14 – Miscellaneous Consumer Protection Provisions :: Subtitle 4 – Maryland Service Contracts and Consumer Products Guaranty Act :: Section 14-406 – Action by Attorney General".
13. "Maryland School Safety Subcabinet".
14. "Maryland Cybersecurity Council".
15. "Maryland Commission on Hate Crime Response and Prevention".
16. "Maryland Sexual Assault Evidence Kit Policy & Funding Committee".
17. "Maryland Attorneys General, 1657-".