# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc. ## Chapter 12. Courts. ### Article I. In General. **Sec. 12-1. Court library-Annual levy for maintenance.** The county council is hereby authorized to levy and appropriate annually such funds as it may determine, for the maintenance of the circuit court law library at Rockville, in the county. **Sec. 12-2. Same-Custodian.** The senior resident judge of the circuit court of the county shall have full charge of and responsibility for the property of the circuit court law library of the county, and shall report in January of each year to the other county judges of the sixth judicial circuit of the state, the condition of the books and other property of such circuit court law library. **Sec. 12-3. Jurors, state’s witnesses, criers and bailiffs generally-Levy for expenses.** The council shall annually levy such sum of money as it may deem sufficient to pay the expenses which may be incurred the then succeeding year by the attendance of state’s witnesses, criers and bailiffs of the circuit court. **Sec. 12-4. Same-Payment of certificate of attendance.** It shall be the duty of the director of finance to pay the certificate of attendance of such jurors, state’s witnesses, criers and bailiffs of the circuit court when presented to him for payment, and upon his failure to pay any such certificate when so presented by the person to whom the same was issued, such director of finance shall forfeit and pay to every such person for every such failure, the sum of five dollars ($5.00) to be recovered by the party in his own name as other small debts are recovered before a justice of the peace, together with the costs of suit. **Sec. 12-5. Same-Compensation allowed by judge in certain cases.** The judge presiding at any criminal proceeding may allow any witness attending and testifying at the instance of the state’s attorney or defendant in such proceeding such sum as may be reasonable compensation for the loss which such witness may sustain by such attendance not exceeding ten dollars ($10.00) per diem. **Sec. 12-6. Same-Authority for payment; certificate from clerk of circuit court.** (a) A certificate signed by the clerk of the circuit court, and expressing the number of days a state’s witness, crier or bailiff may have attended, and the sum due him for such attendance, shall be sufficient authority to the director of finance to pay the amount specified therein. (b) A certificate that is signed by the jury commissioner and states the number of days that each prospective, qualified, or sworn juror has been required to be in attendance at or in proximity to the court, and the sum due, for jury service shall be sufficient authority for the director of finance to pay the amount stated in the certificate. **Sec. 12-7. Minimum charges allowed auditor; tax as part of cost in suit.** The auditor of the circuit court for the county shall be allowed a minimum charge of ten dollars ($10.00) for each and every cause audited and reported to the court, and such additional charge as may be in keeping with proper compensation for services rendered in stating, auditing or settling any such cause or account, and as may be approved by the court upon final ratification thereof. Such charges shall be taxed as part of the costs of the suit, and paid by such parties as the court shall direct. **Sec. 12-8. Crier and librarian; salary, etc.** The chief judge of the circuit court for Montgomery County is hereby authorized to fix the salaries of the crier of the circuit court and of the librarian of the law library of the circuit court of Montgomery County within the limits of the amounts appropriated therefor; provided, that, in no event, shall the amount of the salary exceed fifteen hundred dollars ($1500.00) per annum for each of these positions. The salary paid shall be in lieu of any and all other allowances now authorized by law. The chief judge is hereby authorized to appoint one (1) person as both crier of the circuit court and as librarian of the law library of the circuit court, if he so desires. In case the person appointed as crier of the circuit court is also appointed as librarian of the law library of such court, his salary shall be fixed in accordance with the provisions of this section and, in such an event, his salary for the combined positions shall not exceed a maximum of two thousand four hundred dollars ($2,400.00) per annum. The county council is authorized and directed to levy a tax on all assessable property in the county, sufficient for the payment of the salary of salaries of these positions. § 7-7; 1908, ch. 31, § 67; 1912, ch. 790, § 168; 1939, ch. 348.) **Sec. 12-8A. Appellate judges’ secretaries’ salary supplements.** Each of the judges of the appellate courts of the state resident in the county is authorized to set a salary supplement for his or her secretary over and above the amount of compensation provided in the state budget. The amount of the supplement shall be such that when combined with the compensation provided in the state budget the total salary will not exceed the salary for step E in grade 15 in the general salary schedule for employees of the county in effect when the salary supplement is set. The salary supplement shall be set annually and may be changed by the judge, within the foregoing limits, for year to year, without regard to length of service. Funds for the payment of the salary supplement may be appropriated annually by the county council. ### Article II. Circuit Court Generally. **Sec. 12-9. Rules of court; licensing of attorneys.** The circuit court for the county is hereby authorized and empowered to make rules of court relating to practice before such court and relating to admission of attorneys to practice before such court, and the circuit court is authorized and empowered to license attorneys to practice before the circuit court for the county and fix a fee for the issuance of such license in an amount not less than twenty-five dollars ($25.00) and not more than two hundred fifty dollars ($250.00), and such license fee shall be paid to the clerk of the circuit court for the county and be disbursed by him for the purchase of law books for the court library as directed by the judges of the circuit court for the county. No person shall practice law in the county or appear before any court in the county until he or she shall have first complied with the rules of practice established by the circuit court for the county and until he or she has procured a license for the same whenever so required. **Sec. 12-10. Pension of judges and spouses of deceased judges.** (a) The county council for Montgomery County is authorized to pay to any elected judge of the circuit court for the sixth judicial circuit resident in Montgomery County whose active service is or has been terminated and who is or hereafter becomes entitled to a pension from the State of Maryland under the provisions of any act of the general assembly of Maryland, in addition to any such pension by the state, a pension to be paid by the county. Such pension shall be calculated at one (1) percent of the net supplementation made by Montgomery County, Maryland, to the salaries of the circuit court judges of such county as of May 31, 1968, and such percentage will be multiplied by the number of years or part of a year of active service, by appointment as well as election, up to a maximum number of twenty (20) years. (b) The county council is authorized to pay and will pay to any elected former judge of the circuit court for Montgomery County, Maryland, who has served at least twenty (20) years of active service as a judge of the State of Maryland, and who has retired and to any judge of the Court of Special Appeals of Maryland who has served as a judge of the circuit court for Montgomery County, Maryland, in addition to any pension by the state, a pension calculated at one (1) percent of the net supplementation made by Montgomery County, Maryland, to the salaries of the circuit court judges of such county as of May 31, 1968, multiplied by the number of years of active serice as a judge of the State of Maryland up to a maximum number of twenty (20) years. (c) No appropriation for pension of judges shall be paid except in accordance with the provisions of this section. Any former judge not engaged in the active practice of law shall be paid the pension authorized under this section. Any former judge engaged in the active practice of law shall be paid two-thirds of the pension authorized under this section. (d) The spouse of every judge eligible for a pension under this section who dies in active service shall be paid one-half of the pension to which such judge would have been entitled under this section on the date of death as if such judge had terminated his active service on such date. The spouse of every judge deceased after termination of active service shall be paid one-half of the pension which such judge was receiving at the date of his death; or one-half of the pension to which such judge was entitled on the date of his death if he had not been engaged in the active practice of law whichever is the greater. In order to be entitled to the pension provided by this section, a spouse of a judge who dies during active service shall have been married to such judge for a period of not less than three (3) years prior to such judge’s death, and, in the case of a judge not in active service, not less than three (3) years prior to the date of termination of active service. A spouse who is entitled to a pension under the provisions of this section shall be paid for the period of his or her life unless such spouse remarries, in which event the pension is to cease and terminate. (e) The county council is hereby authorized to levy upon the assessable property of the county a tax sufficient to pay the pensions provided for in this section. **Sec. 12-11. Inspection of records; new record book; indexes; preparation and payment.** It shall be the duty of the judges of the circuit court for the county at every term to inspect the records, indexes and papers of the office attached to such court relating to lands, tenements or other real estate, and examine the condition thereof and see whether the clerk of such court has performed the duties required of him by law, relating to the recording of judgments, decrees, proceedings and executions, and whether he has entered an transcribed the docket entries as required by law. If it should appear on such examination that any of the records or indexes have become so dilapidated and worn as to require them to be transcribed, they shall order and direct the clerk to transcribe the same into new record or index books, which the clerk shall procure for that purpose. Such new records and indexes, when so transcribed, shall be carefully examined and certified by such clerk, and when so examined and certified shall be substituted for and become the records and indexes of such court in lieu of the worn-out records and indexes. The council shall annually levy by estimate in advance a sum of money sufficient to provide a fair compensation for the labor of the clerk in making such new records and indexes; and shall pay to such clerk at the end of each calendar month such sum of moneys as may be found due to the clerk for services rendered under the provisions of this section. **Sec. 12-12. Court reporters-Appointment; oath; salary.** The judges of the circuit court for the county are hereby authorized to appoint two (2) court reports, who shall be sworn officers of such court. The salary of such reporters shall be fixed by order of the judges of such court within the limits of amounts appropriated therefor, and shall be paid by the county. **Sec. 12-13. Same-Qualification; term; duties; authority to hold position as "examiner in chancery."** The reporters so appointed shall be skilled in the practice of their art and shall hold their positions during the pleasure of the judges of such court. It shall be their duty to perform such stenographic and typing work, connected with the business of such court, at law and in equity, as they may be directed to perform by the judges of such court. Section 12-12 and this section shall not be construed as preventing the same person from holding the positions of "court reporter" and "examiner in chancery" at the same time. **Sec. 12-14. Judges’ secretaries.** Each of the judges of the sixth judicial circuit resident in Montgomery County is hereby authorized to appoint a competent secretary who shall have had some previous experience in secretarial work, involving duties that demonstrate the ability to take rapid dictation, typing and to exercise independent judgment. Each of said secretaries shall hold his or her position at the pleasure of the judge by whom he or she is appointed and shall receive compensation therefor in the following manner: The judge who appoints his or her secretary shall fix such secretary’s salary in the discretion of such judge between step A in grade 12 and step E in grade 15 in the pay schedule for employees of Montgomery County in force at the time such salary is fixed. The salary shall be fixed annually and may be changed, within such limits, from year to year by such judge, without regard to length of service. The compensation for such salaries shall be levied annually by the County Council of Montgomery County and shall be paid as are the salaries of other county employees. ### Article III. Clerk of Circuit Court. **Sec. 12-15. Index of judgments; information to be shown.** The clerk of the circuit court of the county shall make a full and general alphabetical index, after the method known as the Campbell System, in a book well bound for that purpose, of all judgments recovered in such court, which index shall be indexed in the name of each defendant in such judgments, and shall also show the plaintiff, the amount of the judgment, the date at which it was obtained, and from which it bears interest, the term of the court at which it was rendered, the number of the case on the term docket; and if the records of such court show that the same has been satisfied, made, or in any way discharged, the index shall set forth the fact, and the clerk shall be allowed the usual fees therefor, to be taxed to the plaintiff. Such clerk shall also keep an index of all judgments rendered by a justice of the peace, which shall be recorded in this office, and have become liens on real estate. **Sec. 12-16. General equity index.** The clerk of the circuit court for the county is hereby directed to make, or cause to be made, a general index of all causes appearing upon the equity docket of such court, beginning with the earliest of such docket, the general index to be made upon the same plan, and in similar books, as now used in his office for general indexes of the land records; in which index he shall place the name of every party to each cause, and where the suit is for the sale of lands of any person deceased or otherwise, the name of such owner shall also appear in its proper place in such general index. The clerk shall enter, in connection with the name of each person, the number or year of the docket, and the number of the case thereon in which such person is a party or in which his property is involved, and where the papers in any cause have been recorded, the book and page of such record. **Sec. 12-17. Other general indexes.** The clerk of the circuit court for the county is hereby authorized to make or cause to be made a general index of the land, mortgage, equity, judgment, magistrate judgment and plat records of the county, or such portion of them as may be necessary, according to an approved modern system. **Sec. 12-18. Authority to change system of indexing; exception as to land records; cost of work.** The clerk of the circuit court for the county is hereby authorized and directed to change the system of indexing the records of his office, excepting the land records, and to index, or cause to be indexed or reindexed, according to some modern and accurate system, all of such records now on file in his office, except land records as aforesaid, and from time to time, to continue such system of indexing with regard to the current volume of work resulting from the usual course of business of his office. For this purpose the clerk of the circuit court of the county is hereby authorized to contract for the work of compiling such indexes, and for the installation of such modern system of indexing, and the verification of such indexes when made, and to purchase all books, racks, shelves and other equipment necessary for the purpose, and from time to time thereafter to purchase the necessary books, racks, shelves and other supplies and equipment to provide for the continuation of such indexing of the records resulting from the current volume of business of his office. The total cost of the work of indexing such records as aforesaid, and the cost of the necessary books, racks, shelves, supplies and equipment therefor, and the additions thereto made necessary from time to time by the current business of his office shall be paid out of the excess fees of the office of the clerk of the court. **Sec. 12-19. Reindexing land records beginning with 1953.** The clerk of the circuit court for Montgomery County is hereby authorized and directed to cause the entries in the set of index books now installed in such clerk’s office, relating to the land records of the county, beginning with the year 1953 and ending when a new current series is installed, to be reclassified, regrouped by surname and reindexed according to the system now installed, so as to facilitate the examination of such indexes and the work of making accurate entries therein. For this purpose the clerk of the circuit court for the county is hereby authorized to contract for the work of reclassifying, regrouping and reindexing such indexes to the land records, and he is hereby authorized to purchase all books, racks, shelves, supplies and equipment necessary to accomplish such purpose, and thereafter, from time to time to purchase the books, supplies and equipment necessary to keep the land record index currently up to date. The total cost of such reclassification of such land record indexes, and the cost of the necessary books, racks, shelves, supplies and equipment therefor shall be paid out of the excess fees of the office of the clerk of the circuit court for the county. **Sec. 12-20. Recordation of racial, etc., restrictive covenants.** All certified copies of instruments affecting title to every interest in land, recorded in the office of the clerk of the circuit court for the county, prepared by the clerk shall have the following certificate affixed thereto: NOTICE Any restrictive covenant which purports to restrict or affect, on the basis of race, color, religious creed or national origin, the title, occupancy or transfer of land, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, is declared to be null, void and of no effect, and contrary to the public policy of this state, as well as contrary to the Constitution and Laws of the United States. Chapter 324, Laws of Maryland 1971.* ### Article IV. Clerk to Grand Jury. **Sec. 12-21. Appointment; duties.** Whenever required by the state’s attorney the court reporter ordered to take and transcribe grand jury testimony shall take and transcribe the testimony given at the coroner’s inquest, and all of such testimony so taken and transcribed shall be for the exclusive use and benefit of the grand jury and the state’s attorney of such county, unless otherwise ordered by the court. **Sec. 12-22. Reserved.** **Sec. 12-23. Reserved.** **Sec. 12-24. Reserved.** ### Article V. Bail Bonds. **Sec. 12-26. Payments to attorneys, etc., for procuring business prohibited.** It shall be unlawful for any person engaged either as principal or as the clerk, agent or representative of a corporation, or another person in the business of becoming surety upon bonds for compensation in the county, either directly or indirectly, to give, donate, lend, contribute, or to promise to give, donate, loan or contribute any money, property, entertainment or other thing of value whatsoever to any attorney at law, police officer, sheriff, jailer, probation officer, clerk or other attache of a criminal court, or public official of any character, for procuring or assisting in procuring, any person to employ such bondsman to execute as surety any bond for compensation in any criminal case in the county. It shall be unlawful for any attorney at law, police officer, sheriff, jailer, probation officer, clerk, bailiff or other attache of a criminal court or public official of any character, to accept or receive from any such person engaged in the bonding business any money, property, entertainment or other thing of value whatsoever for procuring or assisting in procuring any person to employ any bondsman to execute as surety any bond for compensation in any criminal case in the county. **Sec. 12-27. Attorneys prohibited from paying bondsmen for procuring persons to employ them, etc.** It shall be unlawful for any attorney at law, either directly or indirectly, to give, loan, donate, contribute, or to promise to give, loan, donate or contribute any money, property, entertainment or other thing of value whatsoever to, or to split or divide any fee or commission with, any bondsman, the agent, clerk or representative of any bondsman, police officer, sheriff, probation officer, assistant probation officer, bailiff, clerk or other attache of any criminal court for causing or procuring or assisting in causing or procuring any person to employ such attorney to represent him in any criminal case in the county. **Sec. 12-28. Charges other than regular fees prohibited; performing other services prohibited.** It shall be lawful to charge for executing any bond in a criminal case in the county, and it shall be unlawful for any person engaged in the bonding business, either as principal, or clerk, agent, or representative of another, either directly or indirectly, to charge, accept, or receive any sum of money, or other thing of value, other than the regular fee for bonding, from any person for whom he has executed bond for any other service whatever performed in connection with any indictment, information or charge upon which such person is bailed or held in the county. It also shall be unlawful for any person engaged either as principal or as agent, clerk or representative of another in the bonding business, to settle or attempt to settle, procure or attempt to procure the dismissal of any indictment, information or charge against any person in custody or held upon bond in the county, with any court, or with the prosecuting attorney in any court in the county. **Sec. 12-29. List of authorized bondsmen to be posted; list to be furnished persons detained; records, etc.** A typewritten or printed list alphabetically arranged of all persons engaged under the authority of the circuit court for the county in the business of becoming surety upon bonds for compensation in criminal cases shall be posted in a conspicuous place in each police precinct, jail, prisoner’s dock, house of detention, and every other place in such county in which persons in custody of the law are detained, and one (1) or more copies thereof kept on hand. When any person who is detained in custody in any such place of detention shall request any person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, such list shall be furnished to the person so requesting, without recommendation. It shall be the duty of the person in charge of such place of detention within a reasonable time to put the person so detained in communication with the bondsman so elected, and the person in charge of such place of detention shall contemporaneously with the transaction make in the blotter or book of record kept in any such place of detention, a record showing the name of the person requesting the bondsman, the offense with which the person is charged, the time at which the request was made, the bondsman requested and the person by whom such bondsman was called, and preserve the same as a permanent record in the book or blotter in which entered. **Sec. 12-30. Reports required; circuit court to regulate bonding business.** All persons engaged in the business of becoming surety upon bonds for compensation in criminal cases shall on June 30, 1945 and on June 30 of each succeeding year, submit a report, under oath, to the circuit court for the county showing the total amount of bonds outstanding together with total assets. The making of a false statement in the annual financial report shall constitute a violation of this chapter. The circuit court for the county shall pass rules and regulations governing the operation of such business and may, upon consideration of the financial responsibility of the persons required to make a report, prohibit any person from further engaging in such business in the county. **Sec. 12-31. Copy of bond required to be mailed to state’s attorney.** Every person who becomes surety upon bonds for compensation in criminal cases shall, within twenty-four (24) hours after becoming surety, mail a copy of the surety bond to the office of the state’s attorney for the county. **Sec. 12-32. Central bail bond clerk.** (a) The clerk of the circuit court for Montgomery County shall appoint a clerk to serve as central bail bond clerk for the circuit court and district court for Montgomery County. The central bail bond clerk shall serve at the pleasure of the clerk of the circuit court of Montgomery County and shall be paid such compensation as provided for in said clerk’s budget. The duties of the central bail bond clerk shall include those set forth in this article, and such additional duties as assigned by the clerk of the circuit court or by the administrative judges of the said courts. The bail bond clerk shall give bond for the faithful performance of his duties in the amount of one hundred thousand dollars ($100,000.00). (b) The central bail bond clerk shall maintain all bond agreements and shall be responsible for the funds deposited with the court attendant to such bond agreements. Bail bond agreements and depository funds attendant thereto shall be transmitted to the central bail bond clerk by the judges and clerks of the Montgomery County circuit courts and judges, clerks and commissioners of the Montgomery County district courts. The central bail bond clerk shall keep separate indexes and record books; one (1) for the bonds posted at the district court level and one (1) for the bonds posted at the circuit court level. The central bail bond clerk shall refund all monies upon the satisfaction of the conditions of a bond. The central bail bond clerk shall report periodically to the circuit court and to the district court the status of all outstanding bonds and the bond liabilities of all persons engaged in the business of being surety upon bonds for compensation as set forth in this article. **Sec. 12-33. Release of defendant on personal recognizance; deposit of percentage of cash surety required; forfeiture of bond.** (a) A judge of the circuit court, a judge of the district court or a commissioner of the district court, may, unless otherwise prohibited by law or rule of court in any criminal or motor vehicle violation, release the defendant on his person recognizance. (b) In all criminal or motor vehicle violations for which bond has been set, it may be complied with by a defendant or by a private surety acting in his behalf, by the execution of a bond in the face amount thereof and depositing with the clerk of the court or the committing magistrate a sum of money equal to ten (10) percent of the penalty of the bond. A judge or commissioner may increase the percentage of cash surety required in a particular case up to one hundred (100) percent, but in no event shall a cash deposit be less than twenty-five dollars ($25.00). This provision permitting the posting of a percentage of the cash surety required does not apply if the defendant has been arrested for failure to appear in court or for contempt of court. Upon depositing the sum and executing the bond, the person shall be released from custody, subject to the conditions of the said bond. When all conditions of the bond have been performed without default and the defendant has been released from custody in the cause for which the bond was posted, the central bail bond clerk shall return the amount deposited to the person entitled thereto. If the defendant fails to perform any or all of the conditions of the bail bond, it shall be forfeited; and in the event of forfeiture, the liability of the bond shall extend to the full amount of the penalty of the bond set and the amount previously posted as a deposit shall be applied to reduce the liability incurred by the forfeiture. **Sec. 12-34. Property bonds; right of person to be own recognizance.** (a) Any person who owns real estate in Montgomery County may post a property bond. Before the clerk of the circuit court or his deputy or the administrative clerk of the district court or his deputy shall approve or accept such bond, a search of the records of the circuit court, including liens and judgments pertaining to the realty to be offered as security, shall be made by the central bail bond clerk or his designee. Reasonable court costs may be assessed for such search to be paid by the person offering the security. In the absence of negligence or willful dereliction, no clerk or deputy shall be personally liable for any loss sustained upon forfeiture of a property bond. Once the property bond has been posted, the central bail bond clerk shall record the amount of the bond as a lien against the real estate of the person offering the security in Montgomery County. (b) Nothing in this article shall affect the right of any person to be his own recognizance upon the posting of proper security. **Sec. 12-34A. Clerks of court authorized to take bond; judge or commissioner to fix amount of bond.** The clerk of the circuit court for Montgomery County or the administrative clerk of the district court for Montgomery County shall have the power at any time to take bond when authorized by such court, whether the court is in session or not, but in all court cases before bail or bond is taken by the said clerks, a judge or commissioner shall fix the amount thereof. **Sec. 12-35. Bond to guarantee appearance of defendant at all stages of proceedings.** In all criminal or motor vehicle violations in Montgomery County, all bonds shall be executed so as to guarantee the appearance of the defendant at all stages of the proceeding in the district court and the circuit court. **Sec. 12-35A. Increase or reduction in amount of bond.** Once a judge of the circuit court or a judge of the district court has set a bond, no judge shall increase the bond without good cause being shown to warrant said increase upon a motion of the state’s attorney of Montgomery County. Nothing contained herein shall limit the power of a judge of the circuit court or a judge of the district court at any stage of the proceedings to reduce the amount of said bond. **Sec. 12-35B. Maximum amount of premium.** The premium or compensation for becoming a surety on a bond shall not exceed five (5) percent of the amount of such bond where the offense charged is a misdemeanor. The premium or compensation for becoming a surety on a bond shall not exceed eight (8) percent of the amount of such bond where the offense charged is a felony. **Sec. 12-35C. Copies of bonds to be forwarded to central bail bond clerk; persons arrested to be taken before judge or commissioner as soon as possible; indexed record to be kept.** (a) Any judge of the circuit court or judge of the district court, or commissioner of the district court or sheriff, deputy sheriff or clerk of any court of Montgomery County receiving or accepting bonds shall forward, within twenty-four (24) hours, copies of all bonds of those persons arrested in Montgomery County to the central bail bond clerk. (b) Those persons who are arrested in Montgomery County for a criminal offense for which the setting of bond is required by law shall be taken as soon as possible before a judge of the circuit court or a judge of the district court or a commissioner of the district court in order that bond may be set. (c) The central bail bond clerk shall keep a properly indexed record of each defendant for whom a bail bond is received and accepted as aforesaid, the number of the case, indictment, information or warrant, the crime or crimes charged, the amount and type bond and any forfeiture thereof; and it shall be the duty of said central bail bond clerk to enter on writs and process directed to him, affecting a defendant for whom a bail bond has been received and accepted as aforesaid, whether or not the bond of the defendant is in full force and effect or has been forfeited. ### Article VI. Commission of Juvenile Justice. **Sec. 12-36. Commission on juvenile justice; composition; appointment; terms; vacancy.** (a) The Commission on Juvenile Justice consists of the following 3 classes of members: (1) 22 voting members appointed by the County Executive, subject to confirmation by the County Council; (2) 12 voting members, representing each of the following: the Council, the Executive, the State’s Attorney, the Family Division of the Circuit Court, the Police Department, the state Department of Juvenile Justice, the County Office of the Public Defender, the Court Appointed Special Advocate, the Department of Health and Human Services (2 members, one representing child welfare services and one representing community-based services for at-risk youth), the Board of Education, and the Montgomery County Collaboration Council for Children, Youth and Families, in each case appointed by the Executive, subject to confirmation by the Council, after receiving a recommendation from the person or office to be represented; and (3) nonvoting members emeritus who are past members who have given outstanding service and possess special expertise in juvenile matters. Members emeritus may be appointed by the Executive, subject to confirmation by the Council. (b) The term of each member is 3 years. Members serving in an emeritus, representative or ex officio capacity continue to serve so long as they retain that capacity. (c) When a vacancy occurs among the members, the Executive must promptly appoint a successor, subject to confirmation by the Council, to complete the unexpired term of the vacating member. A member appointed to fill a vacancy is eligible for only one subsequent full term; but if the appointment occurs during the last year of the vacant member's term, the new member may serve 2 full terms. **Sec. 12-37. Officers; subcommittees.** (a) The Commission must elect annually from among its voting members a chair, vice-chair, secretary-treasurer and other officers as it deems appropriate. No person may hold the same office for more than 2 consecutive years. (b) The Commission may create subcommittees, which may include persons who are not members of the Commission. The chair of each subcommittee must be a voting member of the Commission. **Sec. 12-38. Meetings; notice; quorum.** The Commission meets in public session on call by the chair at least 8 times a year, and at such additional times as required to perform its duties. At least one meeting must be held in 2 separate months in each calendar quarter, and at least one meeting must be held within 60 days of the last meeting. A special meeting must be convened at the request of two-thirds of the voting members. Reasonable notice must be given to members and the general public of all meetings. One-third of the voting members is a quorum for the transaction of business. **Sec. 12-39. Reports.** (a) Minutes. The Commission must keep minutes of each meeting and provide copies to the Executive, Council, and all members of the Commission. (b) Annual report. By October 31 of each year, the Commission must prepare an annual report for the Circuit Court, Council, and Executive, including its: (1) activities, accomplishments, problem areas, and recommendations; (2) goals and objectives for the next calendar year; and (3) evaluation of programs and services for juveniles provided or funded by the County, the state Department of Juvenile Justice, and the federal government. (c) Workplan. By June 30 of each year, the Commission must prepare and submit to the Council, Executive, and Circuit Court Administrative Judge a workplan for the next fiscal year. The Commission may amend the workplan at any time during the fiscal year. The workplan should describe how the Commission will monitor and evaluate the programs under its jurisdiction. **Sec. 12-40. Reserved.** **Sec. 12-41. Functions.** The Commission must: (a) Advise the Circuit Court, Council, and Executive on the needs and requirements of juveniles under the Court’s jurisdiction. (b) Inform state legislators of juvenile needs and requirements. (c) Study and submit recommendations, procedures, programs, or legislation concerning juvenile affairs, prevention and control of juvenile delinquency, and neglect or abuse, in order to promote the general welfare of juveniles under the Court's jurisdiction. (d) Study and make recommendations to the Executive and Council on those segments of the County budget that affect juvenile justice programs. (e) Make periodic visits to facilities in the state servicing county juveniles. (f) Promote understanding and knowledge in the community regarding juvenile needs and programs. (g) Independently evaluate, in coordination with other advisory bodies such as the Collaboration Council for Children, Youth, and Families and the Criminal Justice Coordinating Commission, programs and services provided or funded by the state Department of Juvenile Justice for County youth. The evaluation should include intake, assessment, informal adjustments, probation, aftercare, shelter care, detention, and residential treatment programs. The evaluation should address whether capacity in these areas is adequate to serve the County and assess the effectiveness of these programs and services. If sufficient information on the effectiveness of any program is not available, the Commission should note that fact. (h) Independently evaluate County-funded juvenile justice programs and services, including those from the Police Department, the State’s Attorney, and the Department of Health and Human Services. The evaluation should address whether capacity in these areas is adequate and assess the effectiveness of these programs and services. If sufficient information on the effectiveness of any program is not available, the Commission should note that fact. **Sec. 12-42. Staff support.** The Department of Health and Human Services must provide reasonable professional and administrative support to the Commission to facilitate the Commission's work. **Sec. 12-43. Bylaws.** The Commission may adopt bylaws and rules of procedure not inconsistent with the County Charter or law.