Case Details

Issues

The Maryland General Assembly cannot impeach the Attorney General; removal of the Attorney General occurs only “on conviction, ” (criminal proceedings are required).

Filing State

MD

Court

Unknown

Year

2011

Resolution

The legislative counsel reviewed the various constitutions enacted by the state, and noted that in none of them was the Attorney General subject to impeachment by the legislature. In addition, the Maryland Court of Appeals (the state’s highest court) has “consistently limited the power of the General Assembly to provide for removal of officers whose removal is provided for in the Constitution.”

Case Description

A delegate in the Maryland legislature sought an opinion from the Office of Counsel to the General Assembly (an office within the Attorney General’s office) as to the mechanism for impeachment of the Attorney General.