|
them to confine himself to one minute. The
Chair recognizes Delegate Gill.
DELEGATE GILL: Mr. Chairman, I
would like to ask a question. The question
came to mind when Delegate Marion was
speaking.
THE CHAIRMAN: Delegate Marion, do
you yield to a question?
DELEGATE MARION: I yield. I do not
know that I have the answer.
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: In speaking in sup-
port of section 5.15, you said that there
were six lay persons and six lawyers, and
that one judge would make the odd number,
which would be in his favor; and as to
section 5.16, the question is, how many
commissioners would there be on the nomi-
nating commission.
THE CHAIRMAN: Say that again, Del-
egate Gill.
DELEGATE GILL: How many people
on the commission?
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Under section
5.16, the composition of the nominating
commission would be left entirely to the
discretion of the General Assembly, and it
would depend upon how many they created
and where they created them and for what
areas they created them, and what their
particular disposition was, as to how many
members would be on it. We only provide
in that section that there be no less than
two lay members and no less than two
lawyer members.
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: According to line
21, it says, "no fewer than five members",
and, "shall be composed of an equal num-
ber of lay and lawyer members and one
judge". I was not sure whether they would
have five members total or six members
total. If they have six members total in
section 5.16, and they have six members
total in section 5.15, I was wondering about
the visibility of this argument.
THE CHAIRMAN: That would not be
the result which would exist under those
two sections, if I understand them, Dele-
gate Gill. It would be an odd number in
each one.
DELEGATE GILL: It could be an even
number.
THE CHAIRMAN: Under section 5.16?
|
DELEGATE GILL: Yes. It says, "no
fewer than five".
THE CHAIRMAN: If it is composed of
an equal number of lay and lawyer mem-
bers and one judge, the Chair would take it
to mean either one lawyer, one layman, one
judge, or two lawyers, two laymen and one
judge, but in any event it would be odd.
DELEGATE GILL: Always an odd
number?
THE CHAIRMAN: I would think so.
DELEGATE GILL : I wanted that cleared
up, because I wondered whether it was five
or six. That answers the question. As you
know, part of our Amendment No. 26 was
trying to eliminate the judge from the
commission; so even though I asked the
question, I was not speaking against elim-
inating the judges from all commissions.
THE CHAIRMAN: Delegate L. Taylor.
The Chair recognizes you for one minute.
DELEGATE L. TAYLOR: Mr. Chair-
men, I would just like to speak briefly in
favor of the amendment.
I feel that to have a really objective
nominating commission, we need not have
a judge sitting on the commission. I think
the judge, even though he may have great
ability in trying to determine the skills and
qualifications of a candidate, may be biased
and also may work toward a common in-
terest.
THE CHAIRMAN: The Chair recog-
nizes Delegate Raley for one minute.
DELEGATE RALEY: Mr. Chairman,
I speak in favor of the amendment.
When you read the entire section that is
before us here, and I am in general agree-
ment with the principles involved, it is a
very tight article that puts the judicial
administration of justice in this State al-
most totally in control of the legal profes-
sion and the judges for years to come. It
seems to me that we ought to strike some
kind of balance, and this is an opportunity
that we can crack a little light, so that
there is some balance from the democratic
process.
THE CHAIRMAN: The time for debate
having expired, the question arises on the
adoption of Amendment 31 to Committee
Recommendation JB-1. Will the Clerk
please sound the quorum bell. A vote Aye
is a vote in favor of the Amendment No.
31. A vote No is a vote against. Cast your
vote.
|
