1278                                                 LAWS OF MARYLAND                          [Ch. 255

TERMS OF THREE YEARS, TWO SHALL HAVE INITIAL TERMS OF TWO
YEARS. AND [[ONE]] THREE SHALL HAVE AN INITIAL TERM OF
ONE YEAR, MEMBERS ARE ELIGIBLE FOR REAPPOINTMENT.

[[(D)]] (C) THE MEMBERS OF THE COMMISSION SHALL NOT
RECEIVE COMPENSATION BUT SHALL BE REIMBURSED FOR THEIR
REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
DUTIES. AS PROVIDED IN THE STATE BUDGET.

33E. DUTIES; NOMINATION OF STATE PROSECUTOR

(A)    UPON NOTIFICATION BY THE GOVERNOR THAT A
VACANCY EXISTS OR IS ABOUT TO OCCUR IN THE OFFICE OF THE
STATE PROSECUTOR, THE COMMISSION SHALL SEEK AND REVIEW
APPLICATIONS OF PROPOSED NOMINEES FOR THE POSITION. IT
SHALL NOTIFY THE MARYLAND STATE BAR ASSOCIATION,
INCORPORATED. OF THE VACANCY, AND SHALL REQUEST
RECOMMENDATIONS FROM THAT ASSOCIATION. IT [[MAY]] SHALL
ALSO SEEK RECOMMENDATIONS FROM INTERESTED CITIZENS. AND
GROUPS AND FROM ITS OWN MEMBERS.

(B)    THE COMMISSION SHALL EVALUATE EACH APPLICANT.
AND SHALL SELECT AND NOMINATE TO THE GOVERNOR THE NAME OF
THE PERSON IT FINDS TO BE LEGALLY AND PROFESSIONALLY
QUALIFIED BY A VOTE OF A MAJORITY OF THE ENTIRE
AUTHORIZED MEMBERSHIP OF THE COMMISSION, TAKEN BY SECRET
BALLOT.

(C)    THE COMMISSION SHALL REPORT TO THE GOVERNOR.
IN WRITING, THE NAME OF THE PERSON IT NOMINATES. THE
REPORT SHALL BE SUBMITTED WITHIN 70 DAYS AFTER
NOTIFICATION THAT A VACANCY EXISTS OR IS ABOUT TO OCCUR.

(D)    THE GOVERNOR MAY REJECT THE NOMINEE FOR CAUSE.
IN WHICH EVENT THE COMMISSION SHALL SUBMIT ANOTHER
NOMINEE. THE GOVERNOR, IF HE REJECT [[A]] THE NOMINEE,
SHALL STATE IN WRITING TO THE [[NOMINATING PERSON OR
ASSOCIATION]] COMMISSION THE REASONS FOR HIS REJECTION.
THIS STATEMENT IS CONFIDENTIAL, SECRET. AND PRIVILEGED;
HOWEVER. THE COMMISSION MAY MAKE IT PUBLIC.

33F. DUTIES; DISCIPLINE AND REPRIMAND OF STATE PROSECUTOR

(A) THE COMMISSION MAY REPRIMAND OR RECOMMEND TO
THE GOVERNOR THE REMOVAL FROM OFFICE OF THE STATE
PROSECUTOR IF AFTER A HEARING, IT FINDS THAT HE IS GUILTY
OF MISCONDUCT IN OFFICE, PERSISTENT FAILURE TO PERFORM
THE DUTIES OF HIS OFFICE, OR CONDUCT PREJUDICIAL TO THE
PROPER ADMINISTRATION OF JUSTICE.

(B) THE PROCEEDINGS, TESTIMONY, AND OTHER EVIDENCE
BEFORE THE COMMISSION ARE CONFIDENTIAL AND PRIVILEGED.
HOWEVER, THE COMMISSION, UPON TAKING FINAL ACTION IN THE
MATTER, MAY MAKE ITS ORDER AND THE PROCEEDINGS, TESTIMONY