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I rise to speak for the amendment. The
reason cited for the inclusion of the judge
on the commission seemed to be only that
he can bring to the commission some knowl-
edge of the lawyers who practice before
him. As has been stated by several dele-
gates, that knowledge would be available
to all of the commission members who
could seek the advice or the information
from the judge or from anybody else in the
State with whom they wished to speak.
What I am concerned about are the rea-
sons advanced in support of the amend-
ment to exclude the judge, one of those
being that the judge will unduly influence
the other members of the commission. I do
not think you have to believe that to still
be for the proposition that he should not
be on the commission. As one of the mem-
bers of the rules committee, which is com-
posed of both lawyers and judges, I will
never admit as a lawyer that I am unduly
influenced by the judge on a commission.
The fact of the matter may be that if peo-
ple disagree with the legislature, as cer-
tainly some people will, they are too likely
to say that while the lawyers and the lay
people might have supported this man or
be against that man, the fact of the matter
is that Judge So-and-So who was on there
by appointment by the governor really had
too much influence, and he told the lawyers
and the lay people how they ought to vote.
It does not have to be true to have an effect.
I do not think we ought to expose the
judiciary to the possibility of that criticism
to gain really nothing.
THE CHAIRMAN: Any other delegate?
Delegate Johnson.
DELEGATE JOHNSON: How much
time does the minority have, Mr. Chair-
man?
THE CHAIRMAN: You have four and
a half minutes, which extend to the group
of sections, Delegate Johnson.
DELEGATE JOHNSON: I am sorry, I
do not understand the ruling of the Chair.
THE CHAIRMAN: As the Chair under-
stood the debate schedule, the controlled
time extended to amendments accomplished
this same purpose in sections 5.15, .16, .17,
.18 and .19, Delegate Johnson.
DELEGATE JOHNSON: I do not be-
lieve that amendments were prepared with
respect to sections 5.16 and 5.17. It was the
hope, futile though it might be, that we
would not be concerned with trial courts
and nominating commissions.
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THE CHAIRMAN: You may proceed.
You have four and a half minutes allo-
cated.
DELEGATE JOHNSON: Would that be
with respect to section 5.15, Mr. Chair-
man?
THE CHAIRMAN: Yes, Delegate John-
son.
DELEGATE JOHNSON: Mr. Chair-
man, I yield two and a quarter minutes to
Delegate Blair.
DELEGATE BLAIR: Mr. Chairman, I
have to disagree with Delegate Mudd and
also with Delegate Hodge Smith in connec-
tion with the conversation apparently that
they had with the representatives from
Missouri.
They were partial representatives, and
apparently they saw the plan in a partial
measure and a partial way. In the commen-
taries of the JOURNAL OF AMERICAN JUDICA-
TURE, however, on the very problems that
were presented under the Missouri plan,
they referred to the Missouri comment, and
indicated that in one of the arguments
against it was this very concept that we
are talking about: the chief justice of the
supreme court having too much power and
authority over the nominating commis-
sions.
Now that comes right from the Missouri
plan itself, and although the members of
the commission, the law members and the
chief" judge, were the proponents of this
thing, we certainly are looking at only a
partial area to come to our conclusions.
I think we should take the recommenda-
tion coming from a total view of this plan
made by the American Juridical Society
and consider that in Missouri as a whole
it is not acceptable to the attorneys, or the
people affected by it.
THE CHAIRMAN: Delegate Mudd, do
you desire to allocate any further time to
this section?
DELEGATE MUDD: In view of the
last comment of the Chair whether we
have any other amendments within this
controlled debate —
THE CHAIRMAN: The Chair under-
stood Delegate Johnson to say there were
no other amendments to this group. I must
have misunderstood him because the Clerk
tells me that there is an amendment to 5.16
and one to 5.19. Is that correct, Delegate
Johnson?
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