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DELEGATE FORNOS: Certainly.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: As I read your
proposed amendment, would it not be possi-
ble for the governor by appointing two lay
members from Baltimore City to preclude
the election of any lawyer member from
the legal talent that resides in the City of
Baltimore?
THE CHAIRMAN: Delegate Fornos.
DELEGATE FORNOS: I believe Dele-
gate Marion, that the implementing statute
would have to make it very clear how we
would conduct this election.
Certainly we are leaving the implement-
ing legislation to the legislature and it is
more the concept I am advocating here to-
day, to protect the rights of these indi-
viduals.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Might it not be
better to leave the problem to the imple-
menting legislation, for example, for the
purpose of providing that one lawyer mem-
ber and one lay member should come from
each of the six judicial circuits, presuming
that six judicial circuits of the Court of
Appeals would be prepared in much the
same manner as we now have that?
THE CHAIRMAN: Delegate Fornos.
DELEGATE FORNOS: It is possible,
if the legislature wanted to do this that
they could so implement this meaning.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Would it not be
possible for us to do that in this Conven-
tion as a part of that schedule of support-
ing legislation?
THE CHAIRMAN: Delegate Fornos.
DELEGATE FORNOS: In checking
with your Committee and with your Chair-
man, I see no such indication and certainly
it has not been offered in the majority re-
port, where other committees have made it
clear that if there is transitional legisla-
tion contemplated that at least we are being
told about it.
THE CHAIRMAN: Delegate Fornos,
the Chair is puzzled by the reference in re-
cent questions to implementing legislation.
Is it intended that there be another amend-
ment providing for implementing legisla-
tion.
DELEGATE FORNOS: No, sir.
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THE CHAIRMAN: Is there anything in
the present provisions included in the com-
mittee recommendation that call for legis-
lative implementation?
DELEGATE FORNOS: No, sir. That
was Mr. Marion's question, though.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
A vote Aye is a vote in favor of the
adoption of Amendment No. 30. A vote No
is a vote against.
Cast your votes.
Has every delegate voted?
(There was no response.)
Does any delegate desire to change his
vote?
(There was no response.)
The Clerk will record the vote.
THE CHAIRMAN: There being 51 votes
in the affirmative and 72 in the negative,
the motion is lost. The amendment fails.
Are there any other amendments to sec-
tion 5.15? Delegate Johnson.
DELEGATE JOHNSON: Mr. Chairman,
there is an amendment as proposed by the
Minority Report to the Judicial Branch. I
believe it is amendment E to section 5.15.
THE CHAIRMAN: You have an amend-
ment to section 5.15, Delegate Johnson?
DELEGATE JOHNSON: That is cor-
rect, Mr. President.
THE CHAIRMAN: I am sorry, this was
entitled to priority consideration. The
Chair did not have it. The Clerk will dis-
tribute amendment E. This will be Amend-
ment No. 31 to section 5.15. The Clerk will
read the amendment.
READING CLERK: Amendment No. 31
to accompany Minority Report JB-1 to
Committee Recommendation JB-1 by Dele-
gates Johnson, Harkness, Hickman, Kahl,
Murphy, Siewierski and Rush : On page 5,
section 5.15 Appeal Courts Nominating
Commission lines 8 and 9, strike out the
two commas, insert the word "and" fol-
lowing the word "persons;" and strike out
the words "and one judge of the Court of
Appeals".
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