Title 2. Court Personnel — Subtitle 6. Officers of the District Court

There shall be a chief clerk of the District Court, four assistant chief clerks, a supervising auditor, a coordinator of commissioner activity, a chief administrative clerk in each district, a clerk in each county, and other clerical and administrative employees necessary to conduct the business of the court.

Except as otherwise provided by law, the clerical, administrative, and constabulary employees of the District Court shall be appointed by the Chief Judge of the District Court on the recommendation of the administrative judge for the district and shall be in the personnel system of the Judicial Branch.

The chief clerk, the assistant chief clerks, the supervising auditor, and the coordinator of commissioner activity are appointed by and serve at the pleasure of the Chief Judge of the District Court.

A chief administrative clerk is appointed by the Chief Judge of the District Court, upon the recommendation of the administrative judge of the district and serves at the pleasure of the Chief Judge of the District Court.

The chief clerk, the assistant chief clerks, the supervising auditor, the coordinator of commissioner activity, and the chief administrative clerks of the districts shall be in the personnel system of the Judicial Branch, subject to the classification authority of the Chief Justice of the Supreme Court of Maryland, and shall receive the compensation prescribed by the General Assembly.

Subject to the direction of the Chief Judge of the District Court, the chief clerk of the District Court is responsible for the administration and day-to-day clerical operation of the District Court and its several divisions and locations. He shall perform the other duties prescribed by rule or law. He may delegate administrative duties to other clerical or administrative personnel of the District Court in a manner consistent with rule or law.

The chief administrative clerk in each district is responsible to the chief clerk of the District Court and the administrative judge of the district for the maintenance and operation of the clerical staff and work within the district, including dockets, records, and all necessary papers.

The Chief Judge of the District Court, upon the recommendation of the administrative judge of each district, shall appoint the number of constables required to serve process of the District Court within that district. The administrative judge shall assign the constables to the various courts or divisions of courts within his district so that every court or division of a court has at least one constable.

Constables may serve either full time or part time. Full–time constables shall be paid on the same salary scale as that set by the Secretary of Budget and Management pursuant to § 2–316 of this title for full–time deputy sheriffs in Baltimore City. Part–time constables are paid the compensation prescribed by the General Assembly, and serve at the pleasure of the Chief Judge of the District Court.

A constable who shows proper identification may ride public transportation in Baltimore City during the course of the constable’s employment without paying the fare.

All civil process and papers of the District Court shall be served by the constables of the respective districts, except that the administrative judge of a particular district may order the papers and process served by the sheriff of the county.

All criminal and traffic process, including warrants and summonses for witnesses, shall be served by the constables of the respective districts, or by the sheriffs of the respective counties or by State or local police as the administrative judge of the district shall direct. However, summonses to witnesses in these cases may be served by mail, rather than by personal service, if the administrative judge of the district directs.

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 application filed in the District Court that requests that a statement of charges be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator for an offense allegedly committed in the course of executing the duties of the law enforcement officer, emergency services personnel, adult protective services worker, child welfare caseworker, or educator shall immediately be forwarded to the State’s Attorney.

Notwithstanding any other provision of the Code or the Maryland Rules, a statement of charges for an offense allegedly committed in the course of executing the duties of the law enforcement officer, emergency services personnel, adult protective services worker, child welfare caseworker, or the educator may not be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or educator until the State’s Attorney has investigated the circumstances of the matter and made recommendations to the District Court Commissioner in accordance with subsection (c) of this section.

This section may not be construed to preclude the State’s Attorney from making a determination that an information should be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator or that a grand jury should be convened to determine whether an indictment should be filed.