Sec. 2-126. Appearance on behalf of state.

   The assistant state's attorney may, at the direction of the state's attorney, appear in any circuit court of the state on behalf of the state; provided, that no additional compensation shall be paid for this service. (Mont. Co. Code 1965, § 2-97; 1939, ch. 53, § 949D; 1945, ch. 1038, § 1094.)

Sec. 2-127. Collection and disposition of fees.

   It shall be the duty of the sheriff to collect and pay over to the director of finance quarterly an appearance or other fee, taxed as part of the costs payable to the state's attorney in any criminal case. (Mont. Co. Code 1965, § 2-98; 1910, ch. 550, § 2; 1912, ch. 790, § 570.)

   Editor’s note—See County Attorney Opinion dated 2/29/08 concerning the State’s exemption from County farmland transfer tax when the State is the transferor.

Sec. 2-128. Appointment of County Attorney as Assistant State's Attorney; powers, duties.

   (a)   The State's Attorney for the County may appoint the County Attorney and any Assistant County Attorney as an Assistant State's Attorney.

   (b)   Assistant State's Attorneys so appointed have the same powers as an Assistant State's Attorney appointed under other applicable law and must assist the State's Attorney in prosecuting violations of:

      (1)   Chapter 5 (Animal Control);

      (2)   Chapter 8 (Buildings);

      (3)   Chapter 22 (Fire Safety Code);

      (4)   Chapter 24A (Historic Preservation);

      (5)   Article 3 of Chapter 49 (Streets and Roads);

      (6)   Chapter 50 (Subdivision of Land);

      (7)   Chapter 59 (Zoning);

      (8)   any County law, and any regulation adopted by the Council sitting as the County Board of Health;

      (9)   Title 11 of the Agriculture Article of the Maryland Code, relating to standards of weights and measures; and

      (10)   any other, law, rule, regulation, or ordinance adopted by the Council.

   (c)   Any Assistant State's Attorney appointed under this Section must serve without additional compensation.

   (d)   Nothing in this Section limits any authority of the County Attorney or an Assistant County Attorney to prosecute any violation listed in this Section as County Attorney or Assistant County Attorney. Each prosecution must be brought in the name of the State or County, as appropriate. (Mont. Co. Code 1965, § 2-99; 1939, ch. 53, § 949A; 1941, ch. 833; 1943, ch. 393; 1945, ch. 1038, § 1091; 1949, ch. 424; 2010 L.M.C., ch. 49, § 1; 2013 L.M.C., ch. 4, § 1.)

A RTICLE VIII. RESERVED.

Secs. 2-129-2-133. Repealed by 1978 L.M.C., ch. 32, § 3.