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DELEGATE WEIDEMEYER: Mr.
President, my question is directed to Dele-
gate Miller, or Chairman Mudd, whoever
would care to answer.
THE CHAIRMAN: Delegate Miller, do
you yield to a question?
DELEGATE B. MILLER: Yes.
THE CHAIRMAN: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: Delegate
Miller, in the event a commission had sub-
mitted five names to the governor, and the
g-overnor felt that the commission in sub-
mitting all five names had done a miser-
able job of recommendation, should he be
required in so short a time as thirty days
to make up his mind on such a perplexing
question?
THE CHAIRMAN: Delegate Miller.
DELEGATE B. MILLER: Delegate
Weidemeyer, according to this article, the
governor has no choice, whether he thinks
those names are miserable or not, but to
appoint from that list. There is nothing
permissive in the statement of this article
or this section, and therefore we are merely
making plain what is written in the article.
THE CHAIRMAN: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: Then I
gather from what Delegate Miller recom-
mends by this amendment, that no matter
what the commission lays on the gover-
nor's desk, that he is merely a servant of
the commissioner and not a servant of the
public who elect him?
THE CHAIRMAN: Delegate Miller.
DELEGATE B. MILLER: I would yield
on this point or refer this question to
Chairman Mudd, and ask him whether the
governor is being given any leeway to ac-
cept or reject the names on the commis-
sion.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: No.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
Sound the quorum bell, please.
THE CHAIRMAN: The question arises
on the adoption of Amendment No. 32 to
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Committee Recommendation JB-1. A vote
Aye is a vote in favor of the amendment.
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.
There being 31 votes in the affirmative
and 86 in the negative, the motion is lost,
and the amendment fails.
Delegate Gleason, do you still desire to
submit your amendment,
DELEGATE GLEASON: Yes, Mr.
Chairman. I would like to inquire from the
Chair as to how long he intends to go to-
night?
THE CHAIRMAN: To finish this amend-
ment.
The page will distribute amendment CX.
This is marked amendment No. 33. The
Clerk will read the amendment.
READING CLERK: Amendment No. 33
to Committee Recommendation JB-1, by
Delegate Gleason: On page 4 section 5.14,
Nomination and Appointment, strike out
lines 38 through 45, inclusive, and insert in
lieu thereof the following: "The governor
shall, with the advice and consent of the
Senate, fill a vacancy in the office of judge.
Prior to submitting the name of his ap-
pointee to the Senate, the governor shall
receive a list of no fewer than three nor
more than five eligible persons nominated
by a judicial nominating commission. If
the governor fails."
THE CHAIRMAN: Is the amendment
seconded?
(Whereupon, the amendment was duly
seconded.)
The amendment having been seconded,
the Chair recognizes Delegate Gleason to
speak to the amendment.
DELEGATE GLEASON: Mr. Chairman,
fellow delegates, it has been quite apparent
to me, and I presume to most of you, that
there is a troublesome aspect to the provi-
sion of the Majority Report with respect
to the appointment procedure for appointed
judges.
In my discussions of the committee rec-
ommendation during the day, and we have
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