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. When requested to do so, a clerk of the District Court shall advise and assist, as to procedural matters only, a person in the preparation of a statement of claim or other papers required to be filed in a civil action in which the amount in controversy does not exceed $2,500. A clerk of the District Court is not liable to any person with respect to any advice or assistance in the preparation of any statement of claim. This subsection applies to: A dismissal or nolle prosequi of a charge entered on the record in the District Court; and An indefinite postponement in the District Court of a trial of a charge by marking the charge “stet” on the docket. Notwithstanding any other provision of law, if a dismissal or nolle prosequi of a charge is entered or a charge is stetted, a clerk of the court: Subject to item (ii) of this paragraph, shall mail notice of the dismissal, nolle prosequi, or stet, as the case may be, to the defendant and the defendant’s attorney of record if both the defendant and the defendant’s attorney of record are not present in court when the dismissal or nolle prosequi of the charge is entered or the charge is stetted; May not mail a notice described in this subsection to the defendant if the defendant’s whereabouts are unknown; and May not mail a notice described in this subsection to the defendant or the defendant’s attorney of record if either is present in court when the dismissal or nolle prosequi of the charge is entered or the charge is stetted.

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.

A constable shall obey and execute all process directed to him from any judge of the District Court of Maryland concerning any matter within the court’s jurisdiction and shall return the process according to its command. He shall serve and levy all executions issued by a judge of the District Court, and in so doing has the same powers, responsibilities and liabilities as a sheriff or deputy sheriff acting in the same capacity if the constable has satisfactorily completed a training program from a police training school approved by the Maryland Police Training and Standards Commission.

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. 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. Except as provided in subparagraphs (ii), (iii), and (iv) of this paragraph, commissioners shall be adult residents of the county or a county contiguous to the county in which they serve, but they need not be lawyers. In Anne Arundel County, commissioners shall be adult residents of Anne Arundel County or a county contiguous to Anne Arundel County, except Baltimore City, but they need not be lawyers. In Baltimore City, commissioners shall be adult residents of Baltimore City, but they need not be lawyers. In Baltimore County, commissioners shall be adult residents of Baltimore County or a county contiguous to Baltimore County, except Baltimore City, but they need not be lawyers. 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. 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. A commissioner shall receive applications and determine probable cause for the issuance of charging documents. 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. 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. 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. 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. An individual may file an application for a statement of charges with a District Court commissioner. On review of an application for a statement of charges, a District Court commissioner may issue a summons or an arrest warrant. A District Court commissioner may issue an arrest warrant only on a finding that: There is probable cause to believe that the defendant committed the offense charged in the charging document; and The defendant previously has failed to respond to a summons that has been personally served or a citation; The whereabouts of the defendant are unknown and the issuance of a warrant is necessary to subject the defendant to the jurisdiction of the court; The defendant is in custody for another offense; or There is probable cause to believe that the defendant poses a danger to another person or to the community. On a finding of good cause, a judge of the District Court or a judge of a circuit court may recall an arrest warrant issued by a District Court commissioner under this paragraph and issue a summons in its place. The authority under this subsection applies only to a respondent who is an adult. 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. 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.

In this section the following words have the meanings indicated. “Adult protective services worker” means a human service worker, as defined in § 14–101 of the Family Law Article, employed by a public adult protective services program. “Charging document” means a written accusation alleging that a defendant has committed an offense. “Child welfare caseworker” means a human services professional who meets the qualifications for employment under § 4–301 of the Human Services Article. “Citation” means a charging document, other than an indictment, an information, or a statement of charges, issued to a defendant by a peace officer or other person authorized by law to do so. “Educator” means a principal, vice–principal, teacher, or teacher’s aide at a public or private preschool, elementary, or secondary school. “Emergency services personnel” means: A career firefighter of a county or municipal corporation; An emergency medical services provider as defined in § 13–516 of the Education Article of a county or municipal corporation; A rescue squad employee of a county or municipal corporation; and A volunteer firefighter, rescue squad member, or advanced life support unit member of a county or municipal corporation. “Indictment” means a charging document returned by a grand jury and filed in circuit court. “Information” means a charging document filed in court by a State’s Attorney. “Law enforcement officer” means: A law enforcement officer as defined in § 1–101 of the Public Safety Article; The Police Commissioner of Baltimore City; An individual who serves at the pleasure of the Police Commissioner of Baltimore City; The police chief of a county law enforcement agency; The police chief of a municipal corporation; The police chief or superintendent of a State law enforcement agency; The sheriff of a county; An officer who is on probationary status on initial entry into a law enforcement agency; A correctional officer as defined in § 8–201 of the Correctional Services Article; or Any federal law enforcement officer who exercises the powers set forth in § 2–104 of the Criminal Procedure Article. “Offense” means a violation of the criminal laws of the State or any political subdivision of the State. “Statement of charges” means a charging document, other than a citation, filed in District Court by a peace officer, a District Court Judge, or a District Court Commissioner. 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. Upon receiving an application filed in District Court requesting 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, the State’s Attorney shall: Investigate the circumstances of the matter; and Make a recommendation to the District Court Commissioner as to whether a statement of charges should be filed against the law enforcement officer, emergency services personnel, adult protective services worker, child welfare caseworker, or the educator. If the State’s Attorney recommends to a District Court Commissioner 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, the State’s Attorney shall also make a recommendation as to whether a summons or warrant should issue. 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.