CHC 1980 FINAL FULL TEXT PROPOSAL AMENDMENTS

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ARTICLE VIII PROSECUTING ATTORNEY Section [9]8-1. Election and Term of Office. The prosecuting attorney shall be elected for a term of four years, which term shall commence at twelve o'clock meridian on the first Monday of December following his election. Section [9]8-2. Qualifications. The prosecuting attorney shall be an attorney licensed to practice and in good standing before the [s]Supreme [c]Court of the State of Hawaii. He shall be a citizen of the United States of America and shall have been a duly qualified elec.-tor of the . county for at least [two] one year[s] immediately preceding his election. Section [9]8-3. Compensation. The salary of the'prosecuting attorney shall be established by ordinance. Section [918-4. Powers, Duties and Functions. The prosecuting attorney shall: (a) Attend all courts in the county and conduct on behalf of the people all prosecutions therein for offenses against the laws of the State and the ordinances and regulations of the county. (b) Prosecute offenses against the laws of the State under the authority of the attorney general of the State. (c) Appear in every criminal case where there is a change of venue from the courts in the county and prosecute the same in any jurisdiction to which the same is changed or removed. The expense of such proceeding shall be paid by the county. (d) Institute proceedings, or direct the chief of police to do so, before the district [magistrates] judges for the arrest of persons charged with or reasonably suspected of public offenses, when he has information that any such offenses have been committed, and for that purpose take charge of criminal cases before the district [magistrates] judges., either in. person or by a deputy or by such other prosecuting officer as he shall designate. (e) Draw all indictments andattend before and give advice to the grand jury whenever cases are presented to it for its consideration. Nothing herein contained shall prevent the conduct of proceedings by private counsel before district [magis- trates] judges or courts of record under the direction of the prosecuting attorney. (f) Investigate all matters which may properly come before him. Section [9]8-5. Staff. The prosecuting attorney may appoint deputies and other necessary staff. The deputy who is designated as first deputy shall, during the temporary absence or disability of the prosecuting attorney, assume the power and perform the duties of the prosecuting attorney. Section [9]8-6. Vacancy in Office. A vacancy in the office of prosecuting attorney shall be filled by the first deputy who shall act as prosecuting attorney, or if the position of first deputy is vacant or if the first deputy is unable to so act, the mayor with the [approval] confirmation of the council shall fill the vacancy by appointment of a person with the requisite quali- fications within thirty days after the occurrence of the vacancy. 'The first deputy or the person appointed to fill the vacancy shall serve until a successor is duly elected at the next State or State and County election and seated. The election shall be held in accordance with the election laws of the State insofar as applicable.' 'The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock meridian on the first Monday of December following his election." (As amended by Ordinance No. 59, effective November 26, 1974.)