In all matters in which interests of the State of Maryland are involved, the Attorney General and assistant attorneys general represent the State. This includes litigation in the Court of Appeals, the Court of Special Appeals, the Circuit Courts, and the District Court of Maryland, as well as the Supreme Court of the United States, the United States Court of Appeals, and the United States District Court. Administrative rules and regulations promulgated by most State officers or agencies must be submitted to the Attorney General for review before they may become effective. The Office of the Attorney General also enforces the State's antitrust, consumer protection and securities laws, and conducts criminal prosecutions and appeals.
Clerks of court, registers of wills, sheriffs, and state's attorneys of the counties and Baltimore City are represented by the Attorney General's Office. Yet, the Office does not represent boards or officials of the counties or Baltimore City that employ their own counsel, such as boards of education, or boards of elections (except in Baltimore City).
By the Maryland Defense Act of 2017, the General Assembly directs the Attorney General to take certain actions regarding civil and criminal suits and actions that are based on the federal government's action or inaction that threatens the public interest and welfare of the residents of the State (Joint Resolution no. 1 & Chapter 26, Acts of 2017).
By law, the Attorney General chairs the Maryland Cybersecurity Council, and the Maryland Sexual Assault Evidence Kit Policy and Funding Committee. Further, the Attorney General serves on the Board of State Canvassers; the Commission on Correctional Standards; the Correctional Training Commission; the Criminal Justice Information Advisory Board; State Commission on Criminal Sentencing Policy; the Governor's Family Violence Council; the Maryland Financial Consumer Protection Commission; the Maryland Health Insurance Coverage Protection Coverage; the Task Force to Investigate the Challenges of and Opportunities for Minorities in Business; the Police Training and Standards Commission; the Council for the Procurement of Health, Educational and Social Services; the State Prosecutor Selection and Disabilities Commission; the Task Force to Study Recording Deeds for Victims of Domestic Violence; the Maryland State Employees Surety Bond Committee; the State Board of Victim Services; the State's Attorneys' Coordination Council; and the Task Force to Combat Habitual Student Truancy. The Attorney General also is a member of the Criminal Justice Coordinating Council of Baltimore City, and the Governing Board of the Maryland Center for School Safety.
The Attorney General is elected by the voters to a four-year term (Const., Art. V, sec. 1). The number of consecutive terms which an Attorney General may serve is not limited. The Attorney General must be a citizen of the State and a qualified voter who has resided and practiced law in Maryland for at least ten years prior to election. Though not specified by law, the Attorney General by custom takes office in early January, following the election.
OFFICE OF THE PUBLIC ACCESS OMBUDSMAN
In October 2015, the Office of the Public Access Ombudsman was created (Chapter 136, Acts of 2015).
The Ombudsman works to resolve disputes between applicants requesting public records and the custodians of public records.
In 2016, the Public Access Ombudsman was authorized to investigate, evaluate, and issue a report to the public on access to public records, 2012-15, through the Howard County Public School System (Chapter 132, Acts of 2016).
Although the Office of the Public Access Ombudsman is housed in the Office of the Attorney General, the Office of the Public Access Ombudsman is autonomous and independent of the Attorney General.
The Attorney General appoints the Public Access Ombudsman to a four-year term (Code General Provisions Article, secs. 4-1B-01 through 4-1B-04).
The Contract Litigation Division formed in 1983.
The Division represents State agencies, particularly the Department of General Services, the Department of Transportation, and the University System of Maryland in litigation over disputes relating to State contracts and the award of State contracts under the State General Procurement Law (Code State Finance & Procurement Article, secs. 11-101 through 19-120). The Division advises agencies on procurement issues, such as the structuring of procurement solicitations, drafting of contract provisions and procurement regulations, the proper formulation of State claims, and State response to contractor claims.
In 1979, the Educational Affairs Division began as the Educational Affairs Section. It reorganized as a division in 1984.
The Division represents all State educational agencies, institutions, boards, and commissions, including the State Department of Education, the University System of Maryland, the Maryland Higher Education Commission, St. Mary's College of Maryland, Baltimore City Community College, and the Maryland Public Broadcasting Commission. As counsel to these schools and agencies, Division attorneys conduct court litigation and administrative proceedings, and provide advice and preventive law counseling.
Within the Office of Attorney General, the Health Decisions Policy Division was created in 1998.
To health care providers, and patients and their families, the Division provides information and advice about health care planning, including advance directives, appointment of health care proxies, and end-of-life care. The Division also supports initiatives on issues related to individual rights in the health care system, and provides legal opinions and letters of advice concerning the provisions of the Health Care Decisions Act (Chapter 372, Acts of 1993; Code Health-General, sec. 5-601 to 5-626).
Legislative Services Building, 90 State Circle, Annapolis, MD 21401
![[photo, Thurgood Marshall statue at Legislative Services Building entrance, Lawyers' Mall, Annapolis, Maryland]](/msa/mdmanual/07leg/legser/images/1198-1-4539.jpg)
Created in 1976, the Office of the General Assembly Counsel provides prompt and authoritative legal advice to legislators, General Assembly support units, and the Governor's legislative office. The Office reviews for constitutionality and legal sufficiency all bills passed by the General Assembly and defends them in court when necessary. The Office also participates in significant constitutional and civil rights litigation.
Thurgood Marshall statue at Legislative Services Building entrance, Lawyers' Mall, Annapolis, Maryland, August 2010. Photo by Diane F. Evartt
In October 2002, the Juvenile Justice Monitoring Unit originated as the Office of the Independent Juvenile Justice Monitor within the Office for Children, Youth, and Families (Chapter 255, Acts of 2002). At that time, the Office oversaw the residential facilities where youth who were serious and chronic offenders were confined. Formerly, these residential facilities were supervised by the Department of Juvenile Justice. Later, the Office of the Independent Juvenile Justice Monitor evaluated the process by which the Department of Juvenile Services monitored these residential facilities. The Office also reviewed the treatment of youth, examining allegations of child abuse or neglect in the facilities. In addition, the Office evaluated services to youth, and the physical conditions of each facility. In February 2006, the Office of the Independent Juvenile Justice Monitor transferred to the Office of Attorney General, and was renamed the Juvenile Justice Monitoring Unit (Chapter 12, Acts of 2006).
The Juvenile Justice Monitoring Unit investigates the needs of children under the jurisdiction of the Department of Juvenile Services and determines whether those needs are being met in compliance with State law, that the rights of children are being upheld, and that the children are not being abused. To that end, the Unit evaluates the condition of facilities housing detained juvenile offenders, the treatment of and services to youths, and child advocacy grievance processes.
The People's Insurance Counsel Division was created in 2005 (Chapter 5, Acts of Special Session of 2004).
Before the Insurance Commissioner, and State and federal courts, the Division represents the interests of Maryland insurance consumers.
Matters pending before the Insurance Commissioner are evaluated by the Division to determine whether the interests of insurance consumers are affected adversely. To guard against excessive or unfair rate-making, the Division must review any proposal increase of 10 percent or more filed by a medical professional liability insurer or homeowner insurer. The Division has rights of counsel to a party in any proceeding.
The People's Insurance Counsel Fund pays the expenses of the Division. The Fund is financed by an assessment on insurers.
Appointed by the Attorney General with Senate advice and consent, the People's Insurance Counsel must be an attorney-at-law of the State, have expertise in the insurance business, and may not have an official relationship with or pecuniary interest in an insurer (Code State Government Article, secs. 6-301 through 6-308).
The main purpose of the Division of Securities is to protect Maryland investors from investment fraud and misrepresentation.
The principal executive officer of the Division is the Securities Commissioner, who is appointed by the Attorney General. The Securities Commissioner and the Division administer and enforce several Maryland laws, including the Maryland Securities Act; the Franchise Registration and Disclosure Law; and the Business Opportunities Sales Act.
Business Opportunities. Business opportunities are prepackaged small business deals offered mainly to novice entrepreneurs. Under the Maryland Business Opportunity Acts, such "deals" are regulated by the Division (Code Business Regulation Article, secs. 14-101 through 14-129).
Financial Planners. Under the federal National Securities Markets Improvement Act of 1996, investment advisors must register with the Division.
Franchises. Under the Franchise Registration and Disclosure Law, any person or company intending to offer or sell franchises within Maryland or to Maryland residents must register the offering with the Division (Code Business Regulation Article, secs. 14-201 through 14-233).
Securities. Under the Securities Act, a licensing requirement (subject to annual renewals) is imposed on persons engaged in the sale of securities (Code Corporations & Associations Article, secs. 11-301 through 11-805).
Stockbrokers. Any broker-dealer (stock brokerage firm) that solicits or conducts business in Maryland must register with the Division (Code Corporations & Associations Article, secs. 11-401 through 11-417).
Administration of these acts involves a substantive scheme of regulation imposed by statute and by rule requiring the registration of investment opportunities prior to their offer and sale to the public. Through a comprehensive statutory framework imposing administrative, civil and criminal standards, the Division enforces these laws. The Division uses investigatory powers, administrative hearings and administrative orders, litigation in State and federal courts, and cooperative efforts with state's attorneys and assistant attorneys general in criminal matters.
![[photo, St. Paul Plaza, 200 St. Paul Place, Baltimore, Maryland]](/msa/mdmanual/08conoff/attorney/images/i005966b.jpg)
In Maryland, the office of Attorney General was established by the Constitution of 1776 (sec. 48). The office was abolished by Constitutional amendment in 1817, (Chapter 247, Acts of 1816, ratified 1817). The General Assembly in 1818 recreated the office by statute (Chapter 146, Acts of 1817). By 1851, the Attorney General's duties were fulfilled by a state's attorney in each county and in Baltimore City (Const. 1851, Art. V, sec. 3). The office of Attorney General was reestablished by the Constitution of 1864 (Art. V, sec. 1).
![[photo, St. Paul Plaza, 200 St. Paul Place, Baltimore, Maryland]](/msa/mdmanual/08conoff/attorney/images/1198-1-2125b.jpg)
![[photo, 300 West Preston St., Baltimore, Maryland]](/msa/mdmanual/11dbm/images/1198-1-598.jpg)
The Health Occupations Prosecution and Litigation Division formed in August 2010.