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to see if it could be that the functional Divisions could
be divided as divided now or as will be prescribed
by rule only by the court, but could it be added also by
law?
DELEGATE JOHHSON: That is a very good point,
Delegate Raley. Perhaps the Committee of the Whole would
be interested in knowing that an amendment along the
lines you mentioned was short of a majority, but it was
supported as I understand it by the Entire minority
plus. Me originally suggested that the section with respect
to functional divisions, take 5.08, we suggested this
section should read, the last sentence, "Functional
divisions of superior court may be established in any
county prescribed by rule or by law."
The majority did not accept that we did not file
a minority report en this item because we believe that the
judiciary should have certain procedural type exclusive
rule-making powers*
If that is a valid concern of yours and of
the Committee of the Whole, it can easily be corrected. I am sure it is a valid concern of yours or you would |