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Judges are selected first, and then they
run. It is rare indeed that a judge runs
for office without being first selected by
the governor.
We learn that the political leaders —
and this was statewide; this was not Balti-
more City or any counties — kept their
hands off the judiciary.
Then we learned that our governor had
the courage to appoint a Republican judge
whose term had expired in a Democratic
place where he had been elected. This took
courage. The people wanted it. But it still
was not enough, until we came to 1934. We
had the situation in Baltimore City where
two judges were coming up for election,
one a Republican, Judge Stanton, another
a Democrat, Judge Roland Adams; and
there was not a chance in the world that
Judge Stanton could be elected because two
years before Franklin Roosevelt had swept
Baltimore City and the rest of the State
of Maryland by an unprecedented majority.
Then there was another vacancy, and a
Republican who had been a commissioner
during the prohibition era, was a candidate
and the people of Baltimore had the great-
est respect for him, even though they dis-
agreed with the law he was enforcing —
Frank Sublee.
THE CHAIRMAN: You have one min-
ute.
DELEGATE SHERBOW: What they
did was rise up with the power of the press,
with the bar association joining them, but
not leading, and elected two Republicans
and one Democrat J
Then a lot of us young fellows, — and it
was the proudest achievement in our lives —
said, run on both tickets. You can run as
a Democrat and a Republican. That is why
you have in your counties, judges who
have served for you who have filed as both
Democrat and Republican, and nobody has
run against them ; but we still need to move
one step forward.
We are willing to take that step forward
with both feet, but the minority says to
take it forward only with one foot.
I urge you to reject this amendment and
vote for the full plan. It is a glorious step
forward.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
Delegate Hickman.
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DELEGATE HICKMAN: Mr. Chairman
and ladies and gentlemen of the Committee
of the Whole: I think the issue here is
getting the best judge for the people. The
majority state that we will get the best
of the best with the Niles plan. I submit
that a nominating commission will get you
the most intelligent judges who are avail-
able, and I submit that that is why we
kept the Niles plan on the appellate court
level. I think we need the most intelligent
judges we can g^et there. I submit to you
that the most intelligent judge is not neces-
sarily the best judge on the superior court
level or on the district court level. I sub-
mit to you that you need a judge who has
judicial temperament. He is one of the
people. He is fair. He is just.
The Niles Plan has been before the Gen-
eral Assembly on two or three occasions,
and you have been told that it passed the
General Assembly, the House of Delegates
this past year. However, I submit to you
that it passed as the minority report is
given to you today, it was merely on the
appellate level, on the superior or on the
circuit court level. The person still had to
run against live opposition.
We did state that he could have "incum-
bent" after his name, which is only fair.
I submit that you want a judge deter-
mining your innocence or guilt who has
the type of judicial temperment that we
need. I do not think it is necessary to have
the highly intelligent, may-be introvert
working on these levels, because at the
present time in the State of Maryland, we
say that the jury is judge of the law as
well as the fact. Now, if twelve men and
women off the street can judge the law,
then it does not take a person who is the
most highly intelligent to judge it. 1
THE CHAIRMAN: You have a little
less than half a minute. 1
DELEGATE HICKMAN: I suggest
through our approach we will get the best
of the best, that is a person who is willing
to run against live opposition, and is one
of the people. 1
THE CHAIRMAN: Delegate Koger, do
you desire to speak? 1
DELEGATE KOGER: No.
THE CHAIRMAN: Delegate Ulrich. 1
DELEGATE ULRICH: Mr. Chairman,
I rise to speak against this motion. I am
not a lawyer, I am not a political scientist.
I am the housewife that you said on tele- 1
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