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vision one night was needed in this Con-
vention; so I rise in opposition.
The minority says that we should have
the nominating commission for the higher
courts, but not the lower courts. The lower
courts are the people in every-day walks
of life. It would seem to me just as impor-
tant, more so, for the citizenry to have a
judge with whom they must deal personally
to be selected by a method which utilizes
the most expert minds and opinions in the
legal field, rather than having to rely on
the limited knowledge of the same. I feel,
therefore, that the majority does not take
something from the people, but that it will
give them something they never had.
THE CHAIRMAN: Does anyone want
to speak in favor of the amendment?
Delegate Grumbacher.
DELEGATE GRUMBACHER: There
were several surveys made in Missouri. One
has just been completed. The entire results
have not been published. One excerpt says
personal interviews with various parts of
Missouri saw quite different effects. Sup-
porters think it recruits better judges, men
not badgered by the hazards of the election
process. Opponents agree they are different
from elected judges, but only that they are
more likely to favor corporate lawyers.
I like corporation lawyers, but I would
prefer to be judged by politicians. I think
that the politicians and corporation law-
yers are equally honest, but the politicians
have a little more blood in them.
I think also, I firmly believe that most
of the difficulties with our present system
can be relieved by the creation of the Com-
mission on Judicial Disabilities as is pro-
posed in sections 5.25 to 5.28.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?
Delegate Bothe.
DELEGATE BOTHE: I would like to
speak also on a point of personal privilege.
I would like to call your attention to
Judge Robert B. Watts, Associate Judge
of the Municipal Court of Baltimore City.
He is undoubtedly the best and perhaps the
only living example of the working of the
present judicial system in many of its
manifestations.
THE CHAIRMAN: We are delighted to
have him here.
(Applause.)
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You may now speak in opposition to the
amendment.
DELEGATE BOTHE: I would like to
depart from my introduction and say that
Judge Watts, who is a greatly respected
lawyer, was appointed to the original mu-
nicipal court in Baltimore City.
After his probationary term which he
served with great distinction, he had to run
under our system citywide for a ten-year
term.
Judge Watts is a member of a minority
group and was the first of his race to run
citywide. There was a great deal of appre-
hension as to whether this factor would
cause difficulties in his election. It did not
in a primary race, which, if I correctly re-
call, had five incumbents and one competi-
tor. Judge Watts led the ticket by a con-
siderable vote.
However, in the general election he was
defeated because the competitor had won
the Republican nomination.
Most people were of the view that the
defeat was caused by the fact that his last
name begins with a "W". The governor
shared that feeling. When the first va-
cancy arose, the governor appointed him
as the first Negro judge in Baltimore City.
He was not appointed to a higher court,
for reasons which the governor attributed
to an incident many years before in his
personal life, which I happen to deem ir-
relevant to his qualifications to serve.
In 1966 he was elected to a ten-year term
on the municipal court after an arduous
and expensive political campaign.
I ask you to consider on the assumption
that we want judges of this caliber, the
caliber of Bob Watts at our bench at every
level, whether the competitive election is
the best way to get and keep the best men
on the bench; and secondly, whether screen-
ing by a nominating committee would not
better assure that the best lawyers would
be selected on the basis of their qualifica-
tions to serve.
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: Mr. Chairman,
we have talked about everything except the
amendment. All the amendment does is
make the Niles plan, whether that is good
or bad, apply to the appellate court. I rose
particularly to ask several questions, and
was denied that privilege.
THE CHAIRMAN: Delegate Gallagher,
for what purpose do you rise?
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