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Ch. 587
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2002 LAWS OF MARYLAND
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CHAPTER 587
(House Bill 6)
AN ACT concerning
District Court Commissioners - Powers and Duties
FOR the purpose of proposing an amendment to the Maryland Constitution to expand
the powers and duties of District Court commissioners to include the issuance of
certain civil interim civil orders for protection peace orders and civil interim
protective orders within the jurisdiction of the District Court under certain
circumstances; and submitting this amendment to the qualified voters of the
State of Maryland for their adoption or rejection.
BY proposing an amendment to the Constitution of Maryland
Article IV - Judiciary Department
Section 41G
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, (Three-fifths of all the members elected to each of the two Houses
concurring), That it be proposed that the Constitution of Maryland read as follows:
Article IV - Judiciary Department
41G.
(A) (1) There shall be district court commissioners in the number and with
the qualifications and compensation prescribed by law.
(2) Commissioners in a district shall be appointed by and serve at the
pleasure of the Administrative Judge of the district, subject to the approval of the
Chief Judge of the District Court.
(B) Commissioners may exercise power only with respect to AND ONLY AS
PRESCRIBED BY LAW OR RULE AS TO:
(1) [warrants] WARRANTS of arrest, or bail or collateral or other terms
of pre-trial release pending hearing, or incarceration pending hearing[, and then
only as prescribed by law or by rule]; AND
(2) ISSUANCE OF CIVIL INTERIM CIVIL ORDERS FOR PROTECTION PEACE
ORDERS AND CIVIL INTERIM PROTECTIVE ORDERS WITHIN THE JURISDICTION OF
THE DISTRICT COURT ON DAYS AND DURING HOURS IN WHICH WHEN THE OFFICE OF
THE CLERK OF THE DISTRICT COURT IS NOT OPEN.
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly
determines that the amendment to the Constitution of Maryland proposed by this Act
affects multiple jurisdictions and that the provisions of Article XIV, Section 1 of the
Constitution concerning local approval of constitutional amendments do not apply.
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