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significant manner in this article. I think that )ou
have to look at the word rule, together with section 5.51
of the majority report, inasmuch as section 5.51 provides
that although there will be concurrent rule making power,
that is, concurrent rule making power between the court
and the legislature in most matters, those matters that are
specifically set forth in Article V or in the Constitution
to be decided by rule will be exclusive rule making powers.
This is a departure from our present system, a
wide departure, I submit; and it is a departure from every
other system that we have had an opportunity to study
across the nation; so that section 5.11 as proposed
by the majority provides specifically for the judicial
establishment of the Office of Commissioner.
In other words, the majority proposes that the
judiciary who are first appointed, or whose office is set
up by the legislature, wouldthen in turn appoint or create
the Office of Commissioner.
Now, in addition to creating the Office of
Commissioner, which.we feel is certainly a legislative