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don't think it ought to be exclusive.
THE CHAIRMAN: Does any other delegate desire
to speak in opposition?
Delegate Henderson.
DELEGATE HENDERSON: I would like to say that
perhaps Mr. Bamberger is not aware of the present form
of section 5.51, I believe it is, the rule making power,
which differs from the Lonvention draft, it is now left
to concurrent power so that the last one who speaks on the
subject would have the final say. That could lead to an
endless chain, of course, but it is hoped that this would b<
able to be worked out; but the situation, if the legislatur<
should prescribe the panels, I think it would be in the
first place a rather delicate matter for the Court of
Appeals to tell them no, and if they did tell them no, the
legislature would have the option of changing it back
and putting in the panels.
Now, in a field which is so primarily a matter
of judicial administration and convenience, it seems to
me that we should trust the rules of the Court of Appeals
and its rule making power to do this sort of thing.