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DELEGATE ADKINS: Yes. I am mak-
ing it possible for the convenience of the
Assembly to have some control over the
manner in which judges are selected. If
you make it by rule or by law, then you
have trouble. It might as well be left
"rule" if you make it "by rule or by law."
THE CHAIRMAN: Does any delegate
desire to speak in opposition?
(There was no response.)
Does any other delegate desire to speak
in support?
Delegate Scanlan.
DELEGATE SCANLAN: I favor Dele-
gate Adkins' amendment. I recall a series
of controversies raised in Montgomery and
Prince George's counties when the Bar As-
sociation lawyers in Montgomery, and to
some extent Prince George's tried to pre-
vent lawyers who are members of the Mary-
land court who had their major office in the
District of Columbia from practicing in
Maryland Courts without engaging other
counsel. They won the battle with the trial
court. Fortunately the representatives of
our people persuaded their colleagues not
to put in a statutory restriction. They at-
tempted to do it by rule. It was declared
unconstitutional.
Subsequently it was compromised. It
points out the dangers and the possibility
that the court will be less likely to yield
to the brandishments of the local bar than
would the representatives of the people,
and I urge that you adopt this amendment.
THE CHAIRMAN: Is there any other
discussion? Does any other delegate desire
to speak in opposition?
(There was no response.)
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 36 to Committee Recom-
mendation JB-1.
A vote Aye is a vote in favor of Amend-
ment No. 36. A vote No is a vote against.
Cast your vote.
Have all delegates voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
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There being 106 votes in the affirmative
and 21 in the negative, the motion carries.
The amendment is adopted.
Are there any further amendments to
section 5.17? The Chair hears none.
Are there any amendments to section
5.18?
The Chair hears none.
Delegate Johnson, I assume you still
want to offer your amendment G to section
5.19?
DELEGATE JOHNSON: That will be
consistent with the Committee's action.
THE CHAIRMAN: You have your
amendment DF, which is precisely the same
as amendment G. May your name be added
as sponsor to the other amendment?
DELEGATE MITCHELL: That is cor-
rect.
THE CHAIRMAN: Is that satisfactory
to you, Delegate Johnson?
DELEGATE JOHNSON: We are happy
to have all the help we can get, Mr. Chair-
man.
THE CHAIRMAN: The Clerk will dis-
tribute amendment G. This will be Amend-
ment No. 37.
Delegate Fornos.
DELEGATE FORNOS : A parliamentary
inquiry, Mr. Chairman.
THE CHAIRMAN: State the inquiry.
DELEGATE FORNOS: Has not the
Committee, by elimination of initial mem-
bers of the trial court and Court of Ap-
peals nominating commission done away
with this, in effect?
THE CHAIRMAN: I assume so, but I
assume Delegate Mudd will acquiesce in
the amendment, and it should go in the
record.
On Amendment No. 37 please add the
name of Delegate Mitchell as one of the
sponsors.
The Clerk will read the amendment.
READING CLERK: Amendment No. 37,
to accompany Minority Report JB-1 to
Committee Recommendation JB-1, by Dele-
gates Johnson, Harkness, Hickman, Kahl,
Murphy, Siewierski, Kush, and Mitchell:
On page 6 strike out all of lines 1 through
8 comprising all of section 5.19, Judicial
Member of Nominating Commissions.
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