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THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Quote again the
language that you say will come out again
in the legislative recommendation.
THE CHAIRMAN: Delegate Gleason.
DELEGATE GLEASON: It will provide
that the General Assembly shall provide
by law for a conflict of interest statute, a
code of ethics under regulation of conflict
of interest but just for all elected officials
of the state, to which, I assume, this would
not apply.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: I agree, it would
not.
THE CHAIRMAN: Delegate Gleason.
DELEGATE GLEASON: Therefore, my
question is, do you contemplate some con-
flict of interest covering the activities of
these commissions?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: It has not occurred
to us, other than their possible interest in
deportment as members of the judiciary.
We have attempted to provide against that
for the reasons recommended.
THE CHAIRMAN: Delegate Gleason,
if the Chair understands your inquiry,
would that not be a question for the legis-
lature as to whether it wished to extend
the conflict of interest statute to commis-
sions such as this? Delegate Gleason.
DELEGATE GLEASON: As the Chair-
man knows, the prerogatives of the legis-
lature are pretty well restricted under this
provision and I am not sure whether that
general legislative power could cover such
a commission.
THE CHAIRMAN: I understand.
Are there any further questions? Are
there any further amendments to section
5.20? The Chair hears none.
There is an amendment to Section — Dele-
gate Carson.
DELEGATE CARSON: Mr. Chairman,
I apologize for the lateness but I do in-
tend to offer an amendment to 5.20, which
will have the effect of forbidding any per-
son who is in paid public service of any
type, whether public office or not, from
serving on one of these commissions. I will
draft it now and put it in. I do not have
the exact language.
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THE CHAIRMAN: We will pass on and
come back to it then.
DELEGATE CARSON: That is agree-
able.
THE CHAIRMAN: There is an amend-
ment to section 5.21 in the process of being
printed. We will have to come back to it
when it is received.
Delegate Johnson, did you propose to
offer your amendment U to section 5.21?
DELEGATE JOHNSON: No, Mr. Chair-
man. If we can straighten out the retitling
of amendment CY, so that it will conform
to the wishes of the minority.
THE CHAIRMAN: We will pass that
and come back to it.
Delegate Byrnes, do you propose to offer
your amendment HA?
DELEGATE BYRNES: Mr. Chairman,
that has been withdrawn.
THE CHAIRMAN: Delegate Schloeder,
you had exactly the same amendment, BQ.
Is yours also withdrawn?
DELEGATE SCHLOEDER: Mr. Chair-
man, I would just like a clarification. I
would be very happy to withdraw it, if it
has been made very clear in the record, as
I understood it from Chairman Mudd, that
this amendment would simply add the words
"concerning any judge who has decided to
seek election." Only those judges who
would decide to seek reelection would have
to have a public poll taken.
THE CHAIRMAN: Delegate Mudd, the
proposed amendment would have added in
line 50, after the word "thereof" the words
"concerning any judge who has decided to
seek election".
In other words, the secret poll would be
conducted and the results published only
as to a judge who had decided to seek elec-
tion, Delegate Schloeder would like assur-
ance from you that without the amendment
that is the effect of the section anyhow.
DELEGATE MUDD: I would like to
confirm that that is my interpretation of
the section. Any judge deciding not to seek
reelection could very easily prevent the poll
from being taken, if that were his choice.
THE CHAIRMAN: Delegate Schloeder.
DELEGATE SCHLOEDER: With that
understanding, I will withdraw the amend-
ment.
THE CHAIRMAN : Thank you.
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