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DELEGATE WILLONER: I am referring to the

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selection process of the ten judges that would decide the

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case for lack of a better word.

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THE CHAIRMAN: Delegate Boyer, the question

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Delegate Willoner asks is what number of judges in the

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Court of Appeals is necessary to concur in the appoint-

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ment of the special tribunal of ten? A majority of the

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quorum or a majority of the whole court?

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DELEGATE BOYER: The recommendation is silent

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on this, but I would imagine like all other decisions of

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the Court of Appeals the majority would prevail.

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THE CHAIRMAN: Delegate Willoner.

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DELEGATE WILLONER: Of a quorum.

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THE CHAIRMAN: Delegate Bamberger.

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DELEGATE BAMBERGER: Mr. Chairman, I just rise

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because I think we have become confused. My recollection

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from the judiciary article is that this always requires a

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concurrence of four judges for any particular decision.

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Even when they sit as a panel of five, a majority of

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three is not sufficient to act and that it would

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require a majority of four. I would suggest that the