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removing the word "exclusively from Section 5.01, can
you tell me whether or not that in effect gives the
General Assembly concurrent authority with the judiciary
so far as the court system is concerned) that is, I
think you suggested we remove the word exclusively and add
"such other courts as may be established by the General
Assembly. * I am asking you whether or not in effect by remow
of that word you in effect give the General Assembly the
authority to create any court they want to establish,
whatever rule, or whatever procedure they so desire for
that particular court, is that correct?
DELEGATE JOHNSON; No, let me answer your
question this way: When we suggested removing the word
"exclusively" we just mean it is consistent with our
position that the legislature should be able to provide
whatever other special courts may be needed.
As a matter of fact, as I indicated at the out»»t
we would be satisfied that the language would be "and
such other courts that are not inconsistent with the uni-
fied judicial court system." That is our position. I
will make it plain as I can, but that is our position. |