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Section 14-105 - Reprimand or removal.

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§ 14-105. Reprimand or removal.(a)Authority of Commission.- The Commission may reprimand or recommend to the Governor the removal of the State Prosecutor if, after a hearing, the Commission finds that the State Prosecutor is guilty of:(1) misconduct in office;(2) persistent failure to perform the duties of the office; or(3) conduct prejudicial to the proper administration of justice.(b)Confidential and privileged proceedings and evidence.- (1) Except as provided in paragraph (2) of this subsection, the proceedings, testimony, and other evidence before the Commission are confidential and privileged.(2) On taking final action, the Commission may make its order and the proceedings, testimony, and other evidence public.(c)Investigations; hearings.- (1) On complaint or on its own initiative, the Commission may investigate allegations against the State Prosecutor that may warrant removal or reprimand.(2) The Commission may:(i) conduct hearings;(ii) administer oaths and affirmations;(iii) issue process to compel the attendance of witnesses and the production of evidence; and(iv) require a person to testify and produce evidence by granting the person immunity from prosecution, penalty, or forfeiture. [SG § 9-1213; 2008, ch. 15, § 2.]
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  • § 14-105. Reprimand or removal.
     

    (a)  Authority of Commission.- The Commission may reprimand or recommend to the Governor the removal of the State Prosecutor if, after a hearing, the Commission finds that the State Prosecutor is guilty of: 

    (1) misconduct in office; 

    (2) persistent failure to perform the duties of the office; or 

    (3) conduct prejudicial to the proper administration of justice. 

    (b)  Confidential and privileged proceedings and evidence.-  

    (1) Except as provided in paragraph (2) of this subsection, the proceedings, testimony, and other evidence before the Commission are confidential and privileged. 

    (2) On taking final action, the Commission may make its order and the proceedings, testimony, and other evidence public. 

    (c)  Investigations; hearings.-  

    (1) On complaint or on its own initiative, the Commission may investigate allegations against the State Prosecutor that may warrant removal or reprimand. 

    (2) The Commission may: 

    (i) conduct hearings; 

    (ii) administer oaths and affirmations; 

    (iii) issue process to compel the attendance of witnesses and the production of evidence; and 

    (iv) require a person to testify and produce evidence by granting the person immunity from prosecution, penalty, or forfeiture. 
     

    [SG § 9-1213; 2008, ch. 15, § 2.]   

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