Section 17-104 - Duty of State's Attorney; mandamus; penalty. - Maryland Statutes

§ 17-104. Duty of State's Attorney; mandamus; penalty.
 

(a)  Inquiry.- Whenever a State's Attorney for a county is informed that an individual has been commissioned in that county and that at the time of the election or appointment of the individual to office the individual was in default to the Treasury of the State for not accounting for and paying over to the Treasury of the State any money, the State's Attorney shall request the State Comptroller to provide a statement of the account of the individual. 

(b)  Institution of proceedings.- If the Comptroller certifies that the individual is in default, the State's Attorney shall initiate the mandamus proceeding authorized by § 17-103 of this title. 

(c)  Penalty.- A State's Attorney who fails to comply with this section is guilty of a misdemeanor and on conviction shall be removed from office. 
 

[An. Code 1957, art. 69, § 4; 1997, ch. 31, § 1.]