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Wicomico state's attorney asks council to restore vacancy funding, cite constitutional role
Summary
State's Attorney Jamie Dykes said vacancy funding was reduced for assistant prosecutor positions and requested either vacancy funding at midpoint or restoration of FY25 salary funding plus a 2% merit pool to retain prosecutors.
Jamie Dykes, Wicomico County's elected state's attorney, told the County Council at a May 2025 work session that an earlier budget communication misstated the cost of restoring salary funding for vacant assistant state's attorney (ASA) positions and asked the council to work with the county executive to restore vacancy funding.
"Funding for all vacant positions at the midpoint ... would result in $170,011 increase to SAO funding, not 102,090," Dykes said, referring to a correction to a May 6 letter. She said recruiting is producing hires: two ASAs committed to start in September 2025 and one in September 2027, and "3 of the 4 positions listed on the vacancy report ... have been spoken for." Dykes asked that vacancies be funded at the midpoint consistent with other county departments or that the state's attorney's office be treated as a constitutionally elected office with different staffing needs.
Deputy State's Attorney Scott Messer Smith described the prosecutorial workload and turnover and urged flexibility to retain experienced staff. "I think we've lost about 12 staff members and about 4 attorneys," Messer Smith said, describing long hours, homicide scenes, and the difficulty of replacing trial experience.
Dykes offered two budget options: restoring vacancy funding at midpoint (the cost she placed at $170,011 on the spreadsheet provided) or maintaining FY25 salary funding plus applying the standard county increase and a 2% merit pool; she said the less-expensive option would be roughly $123,000. She also requested that the council authorize a 2% merit pool to reward high-performing staff.
Council members responded with expressions of support and asked staff to reconcile the figures with the county executive's office and the finance director. In the discussion a council member referenced "Criminal Procedure of 1923" when noting statutory funding guidance; Dykes said she aimed not to ask for anything unnecessary and to avoid repeated budget requests.
The council did not take a final vote on funding during the session; members asked staff and the executive's office to discuss options and to return with clarified numbers.
