HARRY HUGHES, Governor
667
FOR the purpose of permitting the Chief Judge of the District
Court to assign a district court commissioner to serve in a
county other than that in which the commissioner resides in
certain circumstances; and providing that an assignment
under this Act may only be made in extraordinary
circumstances and may not last longer than a certain period.
BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 2-607
Annotated Code of Maryland
(1980 Replacement Volume and 1983 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
2-607.
(a) The administrative judge of each district, with the
approval of the Chief Judge of the District Court, may appoint
the number of commissioners necessary to perform the functions of
the office within each county. In multiple-county districts, the
administrative judge shall obtain the recommendation of the
resident judge in each county as to the number of commissioners
required in the county and as to the persons to be appointed.
(b) Commissioners shall be adult residents of the counties
in which they serve, but they need not be lawyers. Each
commissioner shall be paid the compensation fixed by law, hold
office at the pleasure of the Chief Judge of the District Court,
and has the powers and duties prescribed by law. Except without
additional compensation, unless otherwise fixed by law, a
classified employee of the District Court, who is an adult, may
be granted, in the same manner, commissioner powers and duties in
the county where he is employed.
(c) A commissioner shall receive applications and determine
probable cause for the issuance of charging documents. He shall
advise arrested persons of their constitutional rights, set bond
or commit persons to jail in default of bond or release them on
personal recognizance if circumstances warrant, and conduct
investigations and inquiries into the circumstances of any matter
presented to him in order to determine if probable cause exists
for the issuance of a charging document, warrant, or criminal
summons and, in general, perform all the functions of committing
magistrates as exercised by the justices of the peace prior to
July 5, 1971. There shall be in each county, at all times, one
or more commissioners available for the convenience of the public
and police in obtaining charging documents, warrants, or criminal
summonses and to advise arrested persons of their rights as
required by law.
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