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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 3610   View pdf image (33K)
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DELEGATE KEY: Delegate Bamberger, not having
the advantage of being a lawyer, I don't have such intimate
knowledge of the courts, and I just wonder if perhaps the
words, "as prescribed by law" in 5.06 do not really give
the legislature the upper hand, because they are the ones
who have to delegate the judges that are requested by the
court, and therefore would examine the use of the judges
and could say if they are being adequately used.
THE CHAIRMAN: Delegate Bamberger.
DHLLGATh BAMBERGLR: As I understand section
5.06, and if I misstate I hope Chairman Mudd will respond,
the words "as prescribed by law" in sections 37 and 38
relate only to the number of the judges who are members
of that court, but not to the numbers of judges who would
sit at any one time in a panel to hear an individual case.
THE CHAIRMAN: Delegate Bamberger, I am not sui
that you understood Delegate Key's question, or at least
the Chair understood it. If I could state it, I think she
was agreeing with your interpretation of the first
sentence by saying that inasmuch as the legislature can
control the number of judges and decide whether to allow



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 3610   View pdf image (33K)
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