The District Court commissioner is part of the court.
The clerk is part of the court.
The prosecutor IS NOT part of the court, he may be a “party to an action”. It’s that old separation of powers thingy.
If paperwork is filed with the clerk of the court or the commissioner, AND THE PAPERWORK IS IN ORDER, the court must act. Regardless of who filed the paperwork.
The prosecutor is an officer of the court as well.
If paperwork is filed with the clerk of the court or the commissioner, AND THE PAPERWORK IS IN ORDER, the court must act.
Nope. According to your link, the commissioner can deny the application, and not file criminal charges, if he does not think a crime took place.
Besides, Maryland is an outlier. In the vast majority of states, it is totally up to the prosecutor whether to file charges. For example, in Washington state:
How to file criminal charges.
The Prosecuting Attorney does not investigate cases. We receive our cases directly from the police. If you want criminal charges to be filed, you must first contact the police agency where the crime occurred...
...The Prosecuting Attorney files charges on behalf of the citizens of the State of Washington for crimes committed in King County.
http://www.kingcounty.gov/Prosecutor/howto.aspx
Also in New Jersey, the prosecutor has full discretion on whether to file:
Once a criminal complaint is filed it will be forwarded to either the County Prosecutor’s Office or the municipal court. All complaints involving crimes or a combination of crimes and disorderly persons offenses will be forwarded to the County Prosecutor’s Office for review. Criminal complaints involving only disorderly persons offenses will be forwarded to the municipal court. The municipal court will advise the complainant and defendant of the hearing date.
When a criminal complaint involving a crime or a combination of crimes and disorderly persons offenses is forwarded to the County Prosecutor’s Office, the County Prosecutor’s Office will review the case. The County Prosecutor’s Office will review the complaint, obtain the relevant police reports, and where indicated contact the complainant or victim and/or the investigating officer. After reviewing the case, the County Prosecutor’s Office will determine the appropriate course of action.
The County Prosecutor’s Office has broad discretion to determine the appropriate disposition for a complaint. The Prosecutor’s office may handle a criminal complaint in several different ways. The complaint may be administratively dismissed, remanded to municipal court, or prosecuted in Superior Court.
http://morrisprosecutor.org/faq.asp#4