HomeMy WebLinkAboutCOMM. 015 •
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OFFICE OF ,THE PROSECUTING ATTORNEY
COUNTY. OF HAWAII
PROPOSED COUNTY CHARTER CHANGES
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Section 9-4. Powers, Duties and Functions.
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(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 and attend 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
[magistrates] judges or courts of record under the direction
of the prosecuting attorney.
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• (f) Investigate all matters which may properly come
before him.
Section 9-5. Staff.
(a) 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.
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(b) The prosecuting attorney may appoint investigators
who shall have all the powers and privileges of `a police
officer of the county.
Section 9-6 . Oaths, Attendance of Witnesses and Production
of Documents.
(a) The prosecuting attorney or his deputy in the course
of investigating alleged criminal activity, shall have the
power to administer oaths and to issue subpoenas to compel
the attendance of witnesses and the production of documents.
If any person, .subpoenaed as a witness or to produce any
books or papers called for by the process of the prosecuting
attorney or, his deputy, shall fail or refuse to respond
thereto or refuse to answer questions propounded by the
prosecuting attorney or his deputy, the proper court, upon
request of the prosecuting attorney or his deputy, shall
have power to compel obedience to any process of such
prosecuting attorney or his deputy and require such witness
to answer questions put to him as aforesaid and to punish,
as a contempt of the court, any refusal to comply therewith
without good cause shown therefor.
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(b) This section shall not affect in anyway and will be
subject to the provisions of Section 13-20 (e) News Gatherer' s
Sources, Privileged.
Section 9-7. 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 of the council
shall fill the vacancy by appointment of a person with the
requisite qualifications 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 . )
Section 9-8. Removal of Prosecuting Attorney. The
prosecuting attorney may be removed by impeachment proceedings
as provided by law.
Note:
Materials to be deleted are bracketed. Materials to be
added are underscored.
Respectfully submitted,
' 1(7. CD-0
4N ONO
Prosecuting Attorney