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READING CLERK: Amendment No. 34
to Committee Recommendation JB-1, by
Delegates J. Clark, and J. Raley: On page
5 section 5.16, Trial Courts Nominating
Commission, line 2 strike out the word
"five" and insert in lieu thereof the word
"six"; and on page 5 lines 22 and 23,
strike out the following " , and one judge";
and on page 6 section 5.19, Judicial Mem-
ber of Nominating Commissions lines 6
through 8 strike out all of the last sen-
tence in the section.
THE CHAIRMAN: Is there a second to
the proposed amendment?
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: The amendment
having been seconded, the Chair recognizes
Delegate J. Clark to speak to the amend-
ment.
DELEGATE J. CLARK: First of all, I
would move that we strike out the third
part of the amendment, lines 9 through 12.
This will be taken care of by another mem-
ber later.
THE CHAIRMAN: Is there any objec-
tion?
In the absence of objection, lines 9 to 12
inclusive of Amendment No. 34 are stricken.
Delegate Clark.
DELEGATE J. CLARK: Mr. Chairman
and ladies and gentlemen: The issue con-
tained here in this amendment was settled
last night with a very one-sided vote when
we decided to take the judges from the
commission on the appellate court, or at
least the judges from the commission for
trial court in our State. I think all the
arguments we used last night are cogent
here. Certainly this is a more sensitive
area, and if it was true in the case of the
appellate courts, it is certainly more true
with the trial courts.
THE CHAIRMAN: Delegate Ritter.
DELEGATE RITTER: Would it be pos-
sible for us to get copies of the amend-
ments so we will know what we are talk-
ing about?
THE CHAIRMAN:: Chief Page, do any
delegates not have copies of Amendment
No. 34? Please indicate.
Delegate Mudd.
DELEGATE MUDD: Mr. Chairman,
with reference to Amendment No. 34 as
amended, I agree with the observation
made by the proponent, our distinguished
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vice president, that the debate on this mat-
ter would probably be in the same area as
with reference to deleting the judges as
members of the appellate court nominating
commission; and he is correct here that
striking the judge as a member of that
commission was supported by this Conven-
tion by the vote of 106 delegates.
Accordingly, in line with your sugges-
tions, Mr. Chairman, prior to the convening
of the Committee of the Whole, it is my
personal disposition to acquiesce in this
amendment, subject to this alert to the pro-
ponents that it does leave the nominating
commission with an even number, and there
may be some impracticality in the organi-
zation of the commission with an even
number of votes; but other than that, I
have no opposition to the amendment.
THE CHAIRMAN: Is there any further
discussion?
Delegate Linton, do you desire to speak
in favor or opposition?
DELEGATE LINTON: I wanted to call
the attention of the proponents of the
amendment to the fact that in line 7 the
last word should be deleted also, the "and."
THE CHAIRMAN: Line what?
DELEGATE LINTON: In line 7 of the
proposed amendment, the word "and"
should be deleted at the end of that sei>
tence.
THE CHAIRMAN: I am not sure that
the Chair follows you.
DELEGATE LINTON: At the end of
the sentence, the word "and," at the very
end of line 7, is deleted.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 34 to Committee Recom-
mendation JB-1.
A vote Aye is a vote in favor of Amend-
ment No. 34. A vote No is a vote against.
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
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