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remain undeterred to keep out of the Constitution things
I that have no necessity for insertion there. This refers
to the right of removal in civil cases. It concerns the
practice where the mere filing of an affidavit requires
that the Court transfer the case out of the jurisdiction.
This rule has been essentially abused in my own county.
I know in other jurisdictions it has also been subject to
abuse.
The right of a removal should be guaranteed
by statute or by rule of Court as is the case in Federal
jurisdiction and in most states.
I won't occupy the time and attention of this
Convention by belaboring the point. The right of removal
has been abused and while the right should be preserved
it should be preserved in the Legislature. The abusal of
this right of removal is one of the contributing factors.
This should be left to the General Assembly and Courts
and not enshrined forever in the Constitution.
DELEGATE CLARK: The Chair recognizes Delegate
Kiefer.
DELEGATE KIEFER: Mr. Chairman, there have been