MARVIN MANDEL, Governor                                     85

SEC. 2-607, COMMISSIONERS.

(A)   NUMBER AND APPOINTMENT.

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)   QUALIFICATIONS AND TENURE.

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.

(C)   DUTIES.

A COMMISSIONER SHALL RECEIVE APPLICATIONS AND
DETERMINE PROBABLE CAUSE FOR ARREST WARRANTS AND
CRIMINAL SUMMONSES. 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 WARRANT OR CRIMINAL SUMMONS AND, IN GENERAL,
PERFORM ALL THE FUNCTIONS OF COMMITTING MAGISTRATES AS
EXERCISED BY THE JUSTICES OF THE PEACE PRIOR TO
[[THE]] [[EFFECTIVE DATE OF THIS SECTION AND]] 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 WARRANTS OR
CRIMINAL SUMMONSES AND TO ADVISE ARRESTED PERSONS OF
THEIR RIGHTS AS REQUIRED BY LAW.

REVISOR'S NOTE: This section presently appears as
Art. 26, §154. The oath taken by a
commissioner as prescribed by Art. 1, §6 of
the Constitution appears in §2—104. The
only other changes made are in style.