Sec.51-275a-13. Removal of the Chief State's Attorney

(a) Whenever the 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.

(b) The procedure set forth in these regulations for initiating, hearing, and deciding removal proceedings against other attorneys in the Division of Criminal Justice shall govern initiation of, hearing on and decision on proceedings for the removal of the Chief State's Attorney, except that only the Commission shall have the authority to recommend the removal of the Chief State's Attorney.

(Effective September 17, 1987)