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The pages will distribute amendment DI.
Please mark it Amendment No. 36.
The Clerk will read the amendment.
READING CLERK: Amendment No. 36
to Committee Recommendation JB-1, by
Delegate Adkins: On page 5 section 5.17,
Lawyer Members of Nominating Commis-
sions, in line 40 strike out the word "rule"
and insert in lieu thereof the word "law".
THE CHAIRMAN: That is the amend-
ment as proposed by Delegate Adkins. Is
there a second?
(Whereupon, the motion was duly sec-
onded.)
THE CHAIRMAN: The Chair recog-
nizes Delegate Adkins to speak to the
amendment.
DELEGATE ADKINS: Mr. Chairman,
the—
THE CHAIRMAN: I am sorry; would
you please mark on your amendment that
it is offered by Delegate Adkins and Dele-
gate Fornos?
Proceed.
DELEGATE ADKINS: Mr. Chairman,
it is quite simple in its nature. It simply
prescribes that the method of .procedure
of electing lawyer members of the nomi-
nating commission shall be prescribed by
law by the General Assembly in lieu of
provision by the rules of the Court of Ap-
peals.
I have personally great confidence in the
Committee on Rules in the Court of Ap-
peals. I suggest, however, that to permit
the nominating commission composed of
half lawyers and half laymen to have the
eligibility and the nature of the selection
of the lawyer members in essence pre-
scribed by the court, which is to be the
subject of the appointment, is making an
inbred situation which is not healthy.
These are not mere matters of procedure
in determining the questions which will
arise here. There will be substantial ques-
tions, particularly in terms of the eligibility
of lawyer members to vote. This is the one
area in which the people through their
elected representatives of the General As-
sembly have any impact whatsoever in the
choice of their judges; they will have no
impact directly in the appointment of the
lay members because they will be appointed
by the governor.
If the proposal of the commission stands,
they will have no direct impact in the
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choice of the lawyer members because they
will be selected as prescribed by rule, and
I suggest, as honorable as it is to insulate
judges from politics, they should not be
put in this insulated condition free of all
the people through their elected repre-
sentatives.
For that reason, I urge the Committee
of the Whole to adopt this amendment, the
effect of which is really quite simple.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman and
ladies and gentlemen: We agree that this
is a very clearcut issue, but consistent with
the position that we have taken with other
matters pertaining to the proposed ju-
dicial article, it was the view of the ma-
jority of our Committee that the rules
regulating the election of the lawyer mem-
bers of the nominating commission was a
matter that might more conveniently and
aptly be taken care of by rule, rather than
by law. There was no position taken in
the Committee that I can recollect that
the provision by rule was for the purpose
of blanketing this authority within the rule
making power of the court for the protec-
tion of the lawyers or the judges.
The view of our Committee was simply
and purely this, that the rule making
power of the Court of Appeals can more
conveniently provide the system herein con-
templated, and that in the event change is
necessary, it can more conveniently be ac-
complished by amending the rule than by
amending the law.
We, therefore, feel that a deficiency in
this area and the handling of any changes
expeditiously can better be accomplished
by rule than by law.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
Delegate Harry Taylor.
DELEGATE H. TAYLOR: I have a
question of the sponsor of the amendment.
THE CHAIRMAN: Will you yield to a
question of Delegate Taylor?
DELEGATE ADKINS: Yes.
DELEGATE H. TAYLOR: Some days
ago I think Delegate Macdonald had an
amendment as to "by rule" or "by law".
Would you have any objection to that
amendment?
THE CHAIRMAN: Delegate Adkins.
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