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DELEGATE BAMBERGER; Section 5.06 provides
that the General Assembly may increase the number of
members of the intermediate appellate court over the
mininuM of five. But the legislature when it dues that
may not at the same time by law provide that they would
sit in divisions. That is an exclusive rule-making functio
Why would you not allow the General Assembly to provide by
law that the court could sit in divisions
DELEGATE MUDD: As I recall the consideration
in comaittee was that the use of the intermediate court
of appeals in division work could be better accommodated
by rule-making power than by the legislature. It is
conceived and our committee assumed this court is going to
be expanded jurisdictionally and with manpower. But once
it is, and the rules do provide that this court sit in
divisions that is more appropriately a rule-making power
than to be prescribed by law.
THE CHAIRMAN: Delegate Bamberger.
DELEGATE MUDD; It is use of manpower actually.
DELEGATE BAMBERGER: In other words, if the
legislature decided that the work of that court required
that its membership be increased they could increase