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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1097   View pdf image (33K)
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[Nov. 21] DEBATES 1097

feelings in an effort to vote a favorable
impression through this poll.

We feel that the responsibility of the
lawyers in selection is a substantial one as
officers of the court.

I sense no feeling among lawyers to dic-
tate in the matter of the appointment of
judges. I do feel that there is some thought
among lawyers that they have, as officers of
the court, a responsibility to give to the
public those who have an opportunity to
vote the view of the profession as to the
qualifications of the judge seeking renewal
of his term. The inclusion of this provision
in our recommendation is nothing more
than an effort to provide for a public serv-
ice by the lawyers to the voting public. I
would therefore urge rejection of this
amendment.

THE CHAIRMAN: Delegate Johnson.

DELEGATE JOHNSON: Mr. Chairman,
if the minority committee's amendment to
section 5.21 has been redrafted, I would
urge that we discuss that amendment be-
fore we reach the amendment offered by
Delegate Bennett.

I think that that would be the proper
order in which to consider the matter, and
if it is read, I would ask Delegate Bennett
if he would so kindly withdraw his amend-
ment temporarily, with the understanding,
of course, that he would have full oppor-
tunity to recover it.

THE CHAIRMAN: Delegate Bennett.

DELEGATE BENNETT: If that is
agreeable to the Chair, I would be happy
to -do so.

THE CHAIRMAN: Let me inquire of
the Chief Page.

The amendment will be ready in a few
minutes. The other amendments to this sec-
tion all relate to the question of election.
The Chair is a little perplexed as to how
they can be properly offered; and if you
will just bear with me a few minutes, we
will decide what to do.

There are three other amendments to
section 5.21, which deal with the term of
election. One of the amendments would
simply change the term from ten years to
eight years. The other two amendments
would change the term to seven years, but
have differing provisions.

I think the proper course to follow would
be to proceed with the amendment spon-
sored by Delegate James Clark while we

are waiting for the other amendment. Do
you still intend to offer that amendment?

DELEGATE J. CLARK: Yes.

THE CHAIRMAN: Does Delegate
Schloeder and Delegate Chabot each intend
to offer their respective amendments, EG
and BH?

DELEGATE SCHLOEDER: Mr. Chair-
man, it was my amendment, but whether
or not it was offered would largely depend
upon actions taken by the Committee of
the Whole before that time.

THE CHAIRMAN: With respect to
which amendment?

DELEGATE SCHLOEDER: I only have
one. I have already withdrawn one, and
the other is the amendment BH, the New
Jersey plan.

THE CHAIRMAN: Whether you offer
it would depend upon what?

DELEGATE SCHLOEDER: It would
depend upon the action of this Committee
as far as whether or not there would be
competitive or noncompetitive elections.

THE CHAIRMAN: Is that going to be
covered by your amendment, Delegate
Johnson?

DELEGATE JOHNSON: Yes, in effect
it will, Mr. Chairman.

THE CHAIRMAN: Delegate Chabot,
would your amendment be dependent upon
the same circumstance?

DELEGATE CHABOT: Yes, sir.
DELEGATE J. CLARK: Mr. Chairman.
THE CHAIRMAN: Delegate Clark.

DELEGATE J. CLARK: Mine would be
also dependent on the matter of election.

THE CHAIRMAN: I think maybe we
had better wait just a few minutes.

Delegate Weidemeyer, do you intend
still to offer your amendment CT?

DELEGATE WEIDEMEYER: Yes, I
do, Mr. President.

THE CHAIRMAN: Then I would sug-
gest that you be giving some consideration
to the question of whether it should be
offered as a substitute for the amendment to
be offered by Delegate Johnson, which I
have not seen yet, when you get it.

DELEGATE WEIDEMEYER: Mine
and Delegate Johnson's go to a little dif-

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1097   View pdf image (33K)
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