(a) 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)
- (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)
- (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.
Added by Acts 2008, c. 15, § 2, eff. Oct. 1, 2008.