Marvin Mandel, Governor                         439

concerning such arrested persons be recorded, and relating gen-
erally thereto.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 97(h), 98(a), 98(c), 98(f) and 98(g) of Article 52
of the Annotated Code of Maryland (1968 Replacement Volume and
1969 Supplement), title "Justices of the Peace," subtitle "Trial
Magistrates System," be and are hereby repealed and re-enacted,
with amendments, to read as follows:

97.

(h). Montgmoery MONTGOMERY County.—In Montgomery
County, the County [Council] Executive for said county shall appoint,
with the advice and consent of the chief judge of the People's Court
for Montgomery County, and subject to the confirmation of the County
Council, no more than thirty (30) employees of the People's Court for
Montgomery County who shall be designated as committing magis-
trates in said county and who shall have all the powers and jurisdic-
tion now or hereafter prescribed by law in justices of the peace or
committing magistrates. Each committing magistrate, so appointed
and designated shall serve a term of two (2) years or until his succes-
sor is appointed and qualified, and receive an annual salary as set by
the County [Council] Executive with the approval of the County
Council. The committing magistrates shall sit at such times and places
and shall perform such duties as are assigned to them by the judges of
the People's Court. In the conduct and administration of their affairs
they shall conform to such practices and procedures, consistent with
law, as are prescribed by the judges of the People's Court with the
approval of the judges thereof. The judges shall prescribe such
practice and procedure as is necessary apart from the other duties
of the committing magistrates to assure that one such magistrate
is always on duty and available for immediate presentment of any
arrested person, that such magistrate be required to advise the ar-
rested person of his constitutional rights including the right to be
assigned, retain, or waive the assistance of counsel as the case may
require, that such magistrate be required to set bond, determine
probable cause, assign counsel where necessary, and perform other
functions now performed by the justices of the peace of said county.
[The County Council shall require that] [e] Each arrested person
shall be taken before such committing magistrate immediately follow-
ing arrest without delay, [and shall provide that] [a] All proceed-
ings concerning such arrested persons before the magistrate shall be
recorded upon a mechanical device and preserved until the criminal
proceeding concerning such arrested person is finally concluded.

98.

(a) As of June 15, 1955, the County Council for Montgomery
County shall appoint three judges of the People's Court of Mont-
gomery County who shall meet the qualifications provided in this
Article and who shall serve until the first day of May in the year 1963
or until their successors are appointed and qualified. As of the first
day of May in every tenth year thereafter, the County [Council]
Executive of Montgomery County shall appoint, subject to the con-
firmation of the County Council, three judges of the People's Court
of Montgomery County to fill the positions then expiring. As of