(1) When, in the opinion of the presiding judge, the plaintiff has failed to state a cause of action, a nonjustifiable action is presented or other such basic defect exists which renders any judicial action improper, the judge may, on their own motion, dismiss that action with or without prejudice.

(2) The prosecution any criminal proceeding, with the concurrence of the arresting police officer, may recommend to the Court, in chambers, that a case be dismissed; provided, that good cause exists for that recommendation.