Section 2-607 - Commissioners.
§ 2-607. Commissioners.
(a) Number; appointment.-
(1) 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.
(2) In multicounty 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; compensation; tenure.-
(1) Commissioners shall be adult residents of the counties in which they serve, but they need not be lawyers.
(2) Each commissioner shall hold office at the pleasure of the Chief Judge of the District Court, and has the powers and duties prescribed by law.
(3) Except without additional compensation, unless otherwise fixed by law, an employee of the District Court, who is an adult, may be granted, in the same manner, commissioner powers and duties in the county where the employee is employed.
(c) Duties.-
(1) A commissioner shall receive applications and determine probable cause for the issuance of charging documents.
(2) A commissioner 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 the commissioner 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.
(3) 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.
(4) A commissioner may exercise the powers of office in any county to which the commissioner is assigned by the Chief Judge of the District Court or a designee of the Chief Judge of the District Court.
(5) The Chief Judge of the District Court may authorize one or more commissioners to perform the duties of a commissioner regarding persons arrested in a county other than the county in which the commissioner resides and for which the commissioner was appointed when the arrested persons are brought before the commissioner by a peace officer of the jurisdiction in which that arrest was made.
(d) Extent of authority.-
(1) The authority under this subsection applies only to a respondent who is an adult.
(2) A commissioner may issue an interim order for protection of a person eligible for relief in accordance with § 4-504.1 of the Family Law Article or a petitioner in accordance with § 3-1503.1 of this article.
(e) Temporary service in contiguous county.- Notwithstanding the residence requirements set out in subsection (b) of this section, the Chief Judge of the District Court or a designee of the Chief Judge of the District Court may assign a commissioner of the District Court to serve temporarily in any county.
[An. Code 1957, art. 26, § 154; 1973, 1st Sp. Sess., ch. 2, § 1; 1974, ch. 691, § 8; 1978, chs. 260, 282; 1980, ch. 342; 1984, chs. 216, 527; 1987, ch. 269; 1989, ch. 714; 1993, ch. 22, § 1; 1996, ch. 349, § 13; 1997, ch. 743; 1998, chs. 277, 741; 1999, ch. 34, § 1; 2002, ch. 235, §§ 1, 3; 2008, ch. 40.]