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it to nine, let's say, as a number, but they would have
to rely upon some assurance from the Court of Appeals that
it would divide them into panels of three*
DELEGATE MUDD: Exactly, but all the
testimony before our committee. Delegate Bamberger, has
been to the effect that there has been complete harmony
between the Court in its exercise of its rule-making
power And the legislative leaders in the exercise of the
legislative functions regulating courts and we thought
that compatibility could continue within this field*
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: Except that power isnow
really a concurrent power which is a great lever toward
compatibility. Did you consider giving both the Court of
Appeals and the General Assembly the power to have the
intermediate court sit in divisions.
DELEGATE MUDD: I don't think that concurrent
power to the General Assembly and by rule-making as
applied to the intermediate court sitting in divisions
was discussed, no.
THE CHAIRMAN: Delegate Bamberger. |