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record. There are many judges, however,
who have a judicial temperament, honesty
and ability, and I do not understand some
of the lawyers here who can condemn the
present judges. I recall a judge was ap-
pointed out of the office of the delegate from
the third district, and similarly a judge
for Baltimore County had a lawyer who
was appointed out of his office. Are we to
condemn those men? They are good men,
and qualified men.
I would say a majority would like to
promote qualified lawyers, lawyers who
have a good reputation to the Court of Ap-
peals to get them out of their hair.
THE CHAIRMAN: You have one min-
ute.
DELEGATE BELLA: Lawyers do not
control the bar association, not the law-
yers with small offices. If you look at the
nominating committee nominations on ju-
dicial appointments you can almost point
to the large offices that make those nomi-
nations.
THE CHAIRMAN: Your time has ex-
pired. You may finish your sentence.
DELEGATE DELLA: I hope this
amendment is approved.
THE CHAIRMAN: Delegate Marvin
Smith.
DELEGATE M. SMITH: I am not from
a large office. Up until last spring I was a
solo practitioner. I did not go to Harvard.
I am a graduate of Maryland University
and my roots go as far back in Maryland
as anyone here.
I would hope the common goal was to
produce the best possible judicial system.
It can not be any better than its judges.
To say that we have had good judges in
Maryland is no answer. The real questions
are, could we have had better judges? Will
our present system produce the best
judges?
All of us who have familiarity with the
problems in the present system are reluc-
tant to give examples, because we do not
want to reflect adversely upon present and
past personalities. Yet many of us know
that there have been instances in which
people have become judges who were not
the best qualified persons available. Some-
times this has been the fault of the elec-
torate. Sometimes this has been the fault
of the governor and a bar association. We
know politicians have participated in deals
relative to judicial elections. We know poli-
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ticians have attempted to put pressure on
judges seeking reelection. We know capable
judges have been defeated. We know that
many good men have been unwilling to be-
come judges because they were unwilling to
risk defeat at the polls and face the prob-
lem of rebuilding a law practice. Do not let
it be said that a law practice can easily be
rebuilt. I knew one distinguished lawyer
who entered the army representing all but
one of the banks and all but one of the
towns in his county. Upon his return he
got back one bank and no towns.
At the present time, the nominations to
the governor come from many different bar
associations. Their committees are ap-
pointed by their presidents.
Now consider what is here proposed: All
the lawyers in the affected area would elect
the lawyer representatives. The governor
would appoint the lay representatives. All
members, lawyer and lay, would have stag-
gered terms. These people would submit the
list to the governor, a list intended to con-
sider a man's fairness and judicial tem-
perament and intergrity, in addition to his
intelligence. The governor would be obliged
to appoint from that list. The lawyers of
the area would be polled secretly —
THE CHAIRMAN: You have one-half
minute, Delegate Smith.
DELEGATE M. SMITH: The poll re-
sults would be published.
I ask you, deep down in your hearts, do
you not really and truly believe that the
Committee proposal will produce better
judges than the present system?
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor?
Delegate Darby.
DELEGATE DARBY: Yes, Mr. Chair-
man and delegates. I am not an attorney
and I am overwhelmed by some of the legal
talent here.
I am not qualified so I hesitate to say one
system is better than another. When I look
at the individuals that are here, I think
that they would not have been put into
office as a result of being looked upon as
investments by any politicians or anyone
else.
I think that of course if we are looking
for the best in the judiciary by the way of
nominating commissions that we should do
the same in the executive and also in the
legislative.
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