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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9945   View pdf image (33K)
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Are you ready for the question?
Delegate James*
DELEGATE JAMES: Mr. Chairman, I would like a
point of clarification here. Now, this language as I under-
stand it provides for the right of removal of civil cases
in trial courts and the use of the word "shall".
Now, as I interpret this, it means that it is
a constitutional command to either the General Assembly
or the Court of Appeals to provide a right of removal in
all cases.
Now, is there is a limitation to this interpre-
tation, I think this should be clear. This says removal of
civil cases.
Now, as I interpret that, that doesn't mean
the right to pick and choose those civil cases, but it
means the right to remove all cases and the Court of
Appeals power is merely limited to the details of how this
shall be exercised in all cases.
THE CHAIRMAN: I take it that that is what the
language means.
Delegate Moser, do you differ from that?



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9945   View pdf image (33K)
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