(a) Whenever the Criminal Justice Commission has reason to believe or is of the opinion that the Chief State's Attorney is guilty of misconduct, material neglect of duty or incompetence in the conduct of his office, it shall make such investigation as it deems proper, and shall prepare a statement in writing of the charges against such official summoning him to appear before the commission at a date named and show cause why he should not be removed from office. Such official shall have the right to appear with counsel and witnesses and be fully heard. If after full hearing of all evidence, the commission finds that the evidence warrants the removal of such official, the commission shall make a written order to that effect and shall cause a copy thereof to be given such official and shall also file a copy thereof with the Secretary of the State. Upon the filing of such copy with the Secretary of the State, the office held by such official shall become vacant, and the commission may thereupon proceed to fill such vacancy in the manner provided by law. For purposes of this subsection, “Criminal Justice Commission” means the members of the commission other than the Chief State's Attorney.

(b) No deputy chief state's attorney, state's attorney, assistant state's attorney or deputy assistant state's attorney may be removed from office except by order of the Criminal Justice Commission after due notice and hearing. A recommendation for removal from office may be initiated by the Chief State's Attorney or the appropriate state's attorney.

(c) The Criminal Justice Commission may discipline for just cause after due notice and hearing by reprimand, demotion or suspension with or without pay from his office up to fifteen days, a deputy chief state's attorney or state's attorney. A recommendation for discipline may be initiated by the Chief State's Attorney. The Chief State's Attorney may discipline any assistant state's attorney or deputy assistant state's attorney who assists him or the appropriate state's attorney may discipline any assistant state's attorney or deputy assistant state's attorney who assists him, for just cause after due notice and hearing by reprimand, demotion or suspension with or without pay from his office up to fifteen days.

(P.A. 82-248, S. 137; P.A. 84-406, S. 6, 13; P.A. 85-440, S. 2, 7; P.A. 89-345, S. 3.)

History: P.A. 84-406 deleted former provision re removal from office of chief state's attorney, deputy chief state's attorney, state's attorney, assistant state's attorney or deputy assistant state's attorney and added provision re removal from office of chief state's attorney by chief justice and judicial review council and removal from office or discipline of deputy chief state's attorney, state's attorney, assistant state's attorney and deputy assistant state's attorney by criminal justice commission, effective November 28, 1984, upon certification by secretary of state of the vote on constitutional amendment re state's attorneys; P.A. 85-440 deleted former provision re removal of chief state's attorney by the chief justice and provided procedure for removal by the criminal justice commission; P.A. 89-345 amended Subsec. (c) re discipline by chief state's attorney of assistant or deputy assistant state's attorney who assists chief state's attorney and discipline by state's attorney of assistant or deputy assistant state's attorney who assists such state's attorney.

Cited. 234 C. 539.

Subsec. (b):

Failure to object to arbitration jurisdiction in trial for removal from office does not preserve issue for appeal.74 CA 301.