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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 3474   View pdf image (33K)
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Delegate Koss.
DELEGATE KOSS: Mr. Chairman, I apologize
for prolonging your ordeal. Also, we are going back to
an area that has been discussed.
I would like to know what is the critical
element in the term "judicial power" that would prohibit
the General Assembly from eroding the court system as
it is outlined here?
DELEGATE MUDD: If I was capable of answering
that, it would take a long time to answer it; but the
judicial power under this proposed article is vested in
the four-tier court system with the jurisdiction being pre-
scribed by the legislature, so within the limitations and
restrictions imposed by the several sections. For instance,
the only appellate jurisdiction can be prescribed by the
legislature to the Court of Appeals, and it can have
original jurisdiction only as provided in this Constitu-
tion.
The conception of a unified uniform four-
tier court structure is that all of the judicial power of
the State shall be vested in those four courts, and that no



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 3474   View pdf image (33K)
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