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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9904   View pdf image (33K)
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point out that I think we are playing a lawyer's game.
First, the removal of Section 8 from the
Constitution will not, I repeat, will not take away from
anybody the right to have their case taken before another
Court or another jury if they cannot get a fair and impartici
trial in that particular court.
Delegate Henderson said that. It is quite true
under the due process clause of this Constitution and the
United States Constitution, everyone has a right to a fair
trial, but Section 8 permits the perpetuation of a shell
game by lawyers.
Let me tell you what happens. You are a litigani
in your case, you, your lawyer, your witnesses have come
to court to try that case. You have left your place of
work. You have requested your witnesses at inconvenience
to them to leave their places of work to come to court.
At least twenty people have come to court to sit on that
jury and the lawyer on the other side walks in with an
affidavit in .his pocket and all it says is that he requests
that this case be sent to some other court because he cannot
have a fair or impartial trial there.



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9904   View pdf image (33K)
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