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Being mindful of that discussion this morning,
we may require some further consideration of that and
possible amendment of this article.
THE CHAIRMAN: Delegate Macdonald.
DELEGATE MACDONALD: Mr. Chairman, calling your
attention to sections S.OS and 5.10, what were the
disadvantages, in the committee's thinking, of allowing
functional divisions in these two courts to be established
by either rule or by law?
DELEGATE MUDD; You mean making it optional or
concurrent with the legislature and with the courts?
DELEGATE MACDONALD: Precisely. Especially in
view of the last section whereby you provide that when the
General Assembly has the power and when the court has the
power by rule that the last enactment shall prevail.
DELEGATE MUDD: Yes.
DELEGATE MACDONALD: Especially in view of the
history whereby there has been very little conflict
between General Assembly and Court of Appeals in its
rule making authority.
THE CHAIRMAN: Delegate Clagett, do you still