Md. Code Ann., Cts. & Jud. Proc. § 2-104
Oaths or affirmations
Effective Apr 25, 2024Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1980, c. 712, § 2; Acts 1982, c. 820, § 3; Acts 1985, c. 303; Acts 1987, c. 167; Acts 2003, c. 427, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 183, § 1, eff. Oct. 1, 2004; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2024, c. 310, § 1, eff. April 25, 2024; Acts 2024, c. 311, § 1, eff. April 25, 2024.State of Maryland
- (a) Every auditor, clerk, sheriff, constable, commissioner, surveyor, or other officer before he assumes the duties of his office, shall take and sign the oath or affirmation prescribed by the Constitution.
- (b) Except as provided in subsection (d) of this section, every deputy clerk or sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do swear (or affirm) that I will not for lucre or malice delay any person applying to me for any business belonging to the office I officiate in, and that I will not directly or indirectly ask, take, exact, demand, or receive from or charge to any such person to my own use any fee or reward whatsoever for any services I may do as deputy of the said office, and that in making out the office fees I will not wittingly or willingly charge other or higher fees than are allowed by law.”
(c)
- (1) In addition to the oath or affirmation required under subsection (b) of this section, in St. Mary's County, every deputy sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve honestly and faithfully to uphold and defend the Constitution of the United States and the Constitution of Maryland; that I will enforce the laws of St. Mary's County, and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior officers according to the rules and regulations of the Sheriff's Office, St. Mary's County and the State of Maryland.”
- (2) In addition to the oath or affirmation required under subsection (b) of this section, in Charles County, every deputy sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve honestly and faithfully to uphold and defend the Constitution of the United States and the Constitution of Maryland; that I will enforce the laws of Charles County, and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior officers according to the rules and regulations of the Sheriff's Office, Charles County and the State of Maryland.”
- (d) In Carroll County, Montgomery County, and Washington County, every deputy clerk or deputy sheriff shall take and sign the oath or affirmation prescribed by Article I, § 9 of the Maryland Constitution.
(e)
- (1) Except as authorized by Article I, § 10 of the Maryland Constitution, every officer, except the clerk of the circuit court of a county or an appellate court, shall take the oath before the clerk of the circuit court.
- (2) Except as provided in Article I, § 10 of the Maryland Constitution, the clerk of a circuit court shall take the oath before a judge of the court.
- (3) The clerk of an appellate court shall take the oath before the Governor.
Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1980, c. 712, § 2; Acts 1982, c. 820, § 3; Acts 1985, c. 303; Acts 1987, c. 167; Acts 2003, c. 427, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 183, § 1, eff. Oct. 1, 2004; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2024, c. 310, § 1, eff. April 25, 2024; Acts 2024, c. 311, § 1, eff. April 25, 2024.
Formerly Art. 16, § 6; Art. 26, §§ 14, 153, 154; Art. 70, §§ 2, 4, 7, 13; Art. 87, § 1.