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THE CHAIRMAN: The motion has been
made. Is there a second?
(Whereupon, the motion was duly sec-
onded.)
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Will Delegate
Johnson yield for a question?
THE CHAIRMAN: Will Delegate John-
son yield to Delegate Mudd?
DELEGATE JOHNSON: Certainly.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Thank you, Mr.
Chairman.
If we correctly understand the purpose
of this amendment, as explained by Dele-
gate Fornos, we agree, in view of the ac-
tion by the Committee of the Whole in
deleting the judicial members of the nomi-
nating commissions that section 5.19 is an
unnecessary inclusion. Therefore, we ac-
quiesce in the deletion of that section.
THE CHAIRMAN: Is there any ques-
tion about it? Is there any discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 37 to Committee Recom-
mendation JB-1.
A vote Aye is a vote in favor of Amend-
ment No. 37. A vote No is a vote against.
Cast your vote.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 124 votes in the affirmative
and none in the negative, the motion
carries. The amendment is adopted.
Are there any further amendments to
5.19?
Delegate Marion.
DELEGATE MARION: Mr. Chairman,
I was wondering whether we have a formal
amendment to 5.19 prepared which would
strike the words "non-judicial"?
THE CHAIRMAN: Are there any other
amendments to section 5.19?
The Chair hears none.
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Delegate Johnson, in the light of the
previous action taken by the Committee of
the Whole, do you intend not to offer your
amendments BM and CY to section 5.20?
DELEGATE JOHNSON: I do not have
the amendment at hand, Mr. Chairman.
I can say this: that the only amendment
that we would want to offer, as already in-
dicated by Delegate Marion, is to delete
the words "non-judicial" from lines 16 and
19.
Is there an amendment to that effect at
the desk, Mr. Chairman?
THE CHAIRMAN: No, I do not think
there is.
Delegate Johnson, the amendments to
which the Chair referred were following
section 20 to add a new section. I do not
think they would be proper at this time. I
think they will be proper later. I will send
you by page a copy so you can advise me
whether you wish to offer it. Delegate
Mudd.
DELEGATE MUDD: I just rise to sug-
gest that if it is in order, I would ask
unanimous consent of the Committee of the
Whole to delete the word "nonjudicial" in
line 16 of section 5.20 and the word "non-
judicial" in line 19 which would accomplish
what we are trying to accomplish.
THE CHAIRMAN: Without objection,
we will consider as Amendment No. 38 to
section 5.20 to be printed and placed on
your desk to delete the words "nonjudicial"
where they appear in line 16 and in line
19.
Is there any objection to considering that
amendment now not withstanding the fact
that it is not printed?
Delegate Sherbow.
DELEGATE SHERBOW: Does this
mean that a judicial member who was a
member of the lower court for a period of
two years could not be elevated to the
Court of Appeal?
THE CHAIRMAN: Delegate Mudd, did
you hear the question?
DELEGATE MUDD: No.
THE CHAIRMAN: Would you restate
the question, Delegate Sherbow.
DELEGATE SHERBOW: By making
this elimination so that a member of the
commission shall not be eligible to hold any
public office of profit for one year, would
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