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boards of directors of various corporations;
there is more than one way to do favors.
THE CHAIRMAN: The Chair recog-
nizes Delegate Mitchell for one minute.
DELEGATE MITCHELL: Mr. Presi-
dent, fellow delegates, I must reluctantly
vote against this amendment because the
changes that have been made in the Com-
mittee recommendation are limited to the
appellate courts.
I believe that the nominating commission
is a great improvement over the present
bar association proposal's candidates. How-
ever, I am opposed to the presence of a
judge on the nominating commission, and
the chief judge of the Court of Appeals
being given the power to make an ap-
pointment. I think it is irregular and un-
constitutional to have the judge select and
appoint another judge.
THE CHAIRMAN: The time for debate
having expired, — Delegate Koger, for
what purpose do you rise?
DELEGATE KOGER: Mr. Chairman, I
wish to oppose the amendment. When you
first called upon me I was not exactly
ready but I am ready now.
THE CHAIRMAN: The time-keeper
tells me there is a half-minute left. You
may proceed if you can for half a minute.
That is all the time we have under the
schedule.
DELEGATE KOGER: Mr. Chairman,
I believe that the most permanent gain
that the Negro had made in Maryland has
come through the decision of the courts.
The Maryland court in most cases has
been the Negro's champion, far and beyond
other branches of government, but I think
today they are beginning to change.
Being from a family of lawyers, though
I am not a lawyer myself, I believe that
we need specialized people in these posi-
tions and, therefore, I am in favor of hav-
ing lawyers appoint the judges.
THE CHAIRMAN: The time for debate
having expired, the questions arises on the
adoption of Amendment No. 23.
The sponsor of the amendment desires
to change or to modify the first four lines.
The Chair thinks the modification is desir-
able and if you will take your copy in front
of you I will state it for you.
As revised, the first four lines would
read as follows: On page 4, section 5.14
Nomination and Appointment strike out
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all of lines 35 through 44 inclusive and the
words "occurrence of the vacancy" on line
45, and insert in lieu thereof "the follow-
ing", "and then" would follow lines 6 to 17
inclusive, plus the word "vacancy", on
line 8.
The effect of the amendment would be to
leave in as a part of section 5.14 if the
amendment is adopted, the last sentence,
beginning on line 45, with the words "If
the government fails."
Is the change clear, Delegate Johnson?
DELEGATE JOHNSON: Mr. Chair-
man, you did correctly state the amendment
to our amendment. I just want to make
clear that that final sentence, "after judi-
cial nominating commission," and so forth
is subject to further amendment at the
conclusion.
THE CHAIRMAN: The section is open
to further amendment. Delegate James.
DELEGATE JAMES: Mr. Chairman, I
may be leading the stupidity group here
but I do not know what the amendment
does. It seems to me a very unsatisfactory
way to do business.
THE CHAIRMAN: Let me restate it.
The amendment would eliminate the first
two sentences of section 5.14 and substitute
the language appearing in lines 9 to the
first word of line 18. It would leave in the
third sentence. So that there will be no
doubt about it at all, the Chair will read
section 5.14 the way it would appear if the
amendment were adopted.
"The governor shall fill a vacancy in
the office of judge of the Court of Appeals
and the intermediate appellate court by ap-
pointing one person from a list of no fewer
than three, nor more than five eligible
persons nominated by a judicial nominating
commission. The commission shall make
nominations to fill a vacancy not more than
thirty days prior to, no more than sixty
days after the occurrence of the vacancy.
If the governor fails to appoint one of the
nominees within sixty days after receiving
the list, his power to make the appointment
shall end and the chief judge of the Court
of Appeals shall appoint one of the
nominees."
Is there any further question as to the
effect of the amendment? Delegate Borom.
DELEGATE BOROM: Mr. Chairman,
I take it that we completely forget about
the last sentence in the Minority Report?
Is this thought before us at this point now?
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