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ferent area, and, therefore, I think that
probably it should be tried first, and in
deference to the minority.
THE CHAIRMAN: It will be. His will
be offered first. I am suggesting to you
only that you give consideration to whether
you want to offer yours as a substitute or
separate.
DELEGATE WEIDEMEYER: Since
mine is a little different area, I would pre-
fer not to confuse the two.
THE CHAIRMAN: All right. Delegate
Johnson, will you approach the rostrum,
please?
The pages are now distributing the
printed copy of Amendment No. 38. The
Clerk will ring the quorum bell, please.
Amendment No. 38 in printed form has
also been distributed. We are still waiting
for the other printed amendment. In the
meantime, Amendment No. 40 has been
withdrawn temporarily. Strike the No. 40
and retain the amendment. It will be of-
fered later.
Delegate Malkus has an amendment to
section 5.20. Please send the amendment
forward.
The amendment will be numbered 40. Are
the pages distributing the amendment? The
amendment is submitted by Delegate Mal-
kus. Is there a second?
(Whereupon, the amendment was duly
seconded.)
The amendment having been seconded —
the Clerk will read the amendment.
READING CLERK: Amendment No. 40
to Committee Recommendation JB-1 by
Delegate Malkus: On page 6 section 5.20,
Rules Governing Nominating Commissions,
in line 24 after the period add this new
sentence: "All meetings of commissions
shall be public meetings and shall be open
to the public and the press."
THE CHAIRMAN: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Malkus to speak to the amend-
ment.
DELEGATE MALKUS: Mr. President,
I cannot speak very long on the subject
matter, and I do not think I have to speak
long on the matter, but this commission is
going to decide who the judges are going
to be, which should be of public interest. I
have always felt that anything of public
interest should be open to the public, and
to the press.
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I have raised a lot of war with the press,
but the press is necessary and whatever
happens to this amendment, I guess does
not make any difference, but I think the
people have got a right to know.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman,
ladies and gentlemen of the Committee: I
rise in opposition to this amendment. It is
obviously not correct as stated by the pro-
ponent that the purpose and function of
these commissions will be to name the
judge. The purpose and function of these
commissions is to determine the eligibility
and qualifications of those who may be re-
ceptive to appointment to the bench.
Beyond that, these commissions have no
power.
The whole theory of nominating commis-
sion procedure is that these unpaid com-
missions shall be obligated to obtain the
best information available and on the basis
of that information, determine the quali-
fications of those who might seek appoint-
ment to the judiciary.
The rules as now provided to govern
these commissions require several names
to be submitted to the governor. He makes
th<^ choice. It is entirely conceivable to me
that in some delicate areas, if this com-
mission is to do its job, as it is the wish,
I am sure, of this Convention, that it do,
some of these meetings may have to be of
a non-public or to some extent executive
sessions.
I, therefore, feel that a mandate in the
constitution with the requirement that all
meetings of the commissions shall be public
meetings and open to the public and press
could in some measure greatly detract from
the efficiency of the work of these commis-
sions, bog down their activities, and detract
rather than improve the work contemplated
to be performed by these commissions.
I, therefore, urge you to vote against
this amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
(There was no response.)
Does any other delegate desire to speak
in opposition? Delegate Willoner.
DELEGATE WILLONER: Mr. Chair-
man, I am part of the minority that is go-
ing to submit a "right to know" provision
as part of the personal rights and the pre-
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