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I believe that the important factor is
that we will be aware of the characteristics
of those who are to be considered seriously.
I think this is the key point here. Will we
know what the characteristics are of those
who are to be considered seriously?
Here we do have an analogy to the fed-
eral experience.
THE CHAIRMAN: Are you ready for
the question? Delegate Harry Taylor, for
what purpose do you rise?
DELEGATE H. TAYLOR: I have a
question I would like to ask the sponsor of
the amendment.
THE CHAIRMAN: Delegate Malkus, do
you yield to a question?
DELEGATE MALKUS: Yes, Mr. Presi-
dent, I always yield, at all times.
THE CHAIRMAN: Delegate Harry
Taylor, state your question.
DELEGATE H. TAYLOR: Is this the
secret amendment we heard about this
morning?
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: I cannot an-
swer that question. There are a lot of
secrets going on here. I will be very frank
with you, Harry, I don't know.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 40 to Committee Recom-
mendation JB-1.
A vote Aye is a vote in favor of Amend-
ment No. 40. 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 22 votes in the affirmative
and 104 in the negative, the motion is lost.
The amendment is rejected.
The pages will now please distribute
amendment DM. This will be Amendment
No. 41. The Clerk will read the amendment.
READING CLERK: Amendment No. 41
to accompany Minority Report JB-1 to
Committee Recommendation JB-1, by Dele-
gates Johnson, Harkness, Hickman, Kahl,
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Murphy, Siewierski and Rush: On page 6,
section 5.21, beginning at line 26, strike
out all the words down through the period
in line 43, and insert in lieu thereof the
following: "Section 5.21 Term of Office of
Judges of Appellate Courts. The continu-
ance in office of each judge of the Court of
Appeals and the Intermediate Appellate
Court shall be subject to approval or re-
jection by the electorate at the next general
election following the expiration of two
years from the date of his appointment
and every 10 years thereafter so long as
he retains his office. The continuance of
office of such judges shall be subject to ap-
proval or rejection by the electorate of the
entire State."
THE CHAIRMAN: The amendment has
been moved by Delegate Johnson, is sec-
onded. The Chair recognizes Delegate John-
son to speak to the amendment.
DELEGATE JOHNSON: Mr. Chairman
and fellow delegates, I sincerely hope that
the meaning of our amendment, as indi-
cated in our minority report, is clear.
There is no attempt here to mislead you.
The minority has been carrying the ball
pretty much with respect to differences of
opinion with the Majority Report, and I
think it is only fair, fitting and proper
that we should continue to present to you
for your consideration, serious deliberation
and debate, matters which we think go
right at the heart of principle and de-
mocracy in our republican form of govern-
ment.
I want to indicate at the outset that, be-
cause of the actions of the Committee of
the Whole with respect to nominating com-
missions, because of that action, fellow
delegates, and not in spite of it, but be-
cause of it, we deem it even more fitting
and right to urge adoption of this amend-
ment.
Now, what this does, of course, is estab-
lish initially a different means of retaining,
a different means of tenure, a different
means of election between the appellate
court judges and the superior court and
district court judges.
Mr. Chairman and fellow delegates, in
the opinion of the minority members of the
Judicial Branch Committee, there is this
great myth that when a judge has to sub-
mit himself to a general election even
though he is a sitting judge, he is likely
to be beaten, so to speak; and, therefore,
high-minded, dedicated, upstanding, quali-
fied persons will not give up their alleged
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