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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1110   View pdf image (33K)
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1110 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 21]

spect so as to allow the voters to have a
greater choice, and in some respects and
in my humble opinion, improves the demo-
cratic process.

THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: Mr. Chairman, la-
dies and gentlemen of the Committee, I can
agree with the proponent of this amend-
ment only in one respect; and that is that
this is a new idea, but it is a new idea that
confuses and compounds the problems.

It has been pointed out in our Commit-
tee by persuasive witnesses that in many
instances the most formidable opponent that
a sitting judge could have would be his
record. Now, if that is possibly the most
formidable opponent that a sitting judge
could have but the alternative is a new
candidate who has not been screened by
the nominating commission, who has not
been rejected in his campaign within the
limits of the Code of Judicial Ethics as so
carefully pointed out by our Delegate
James, then it seems to me that the voting
public could be in a complete quandary.

The choice would be unable to reject the
sitting judge because his record was such a
formidable opponent, because of the possi-
bility that they might get in substitution
an untried, unscreened candidate who had
nothing more than some political support.

We therefore feel that this proposal, if
adopted, would create a chaotic condition,
if I may borrow a word from the day be-
fore, and I therefore reject or urge rejec-
tion of this amendment.

THE CHAIRMAN: Is there any other
discussion?

(There was no response.)
Are you ready for the question?
(Call for the question.)

The question arises on the adoption of
Amendment No. 42 to Committee Recom-
mendation JB-1.

A vote Aye is a vote in favor of Amend-
ment No. 42. A vote No is a vote against.

Will the Clerk please ring the quorum
bell? Cast your vote.

Has every delegate voted? Does any
delegate desire to change his vote?

(There was no response.)
The Clerk will record the vote.

Has every delegate now voted? There is
still time for you to cast your vote if you
desire to, Delegate Barrick.

The Clerk will record the vote.

There being 23 votes in the affirmative
and 93 in the negative, the motion is lost.
The amendment is rejected.

I do not believe that two or three min-
utes is enough time to consider the next
amendment, and we will therefore hold that
until after recess.

One more amendment to section 5.21,
and I think that is the end of it. The
Chair recognizes Delegate Powers.

Pardon just a second. Delegate Weide-
meyer.

DELEGATE WEIDEMEYER: Mr. Pres-
ident, in view of the Committee's action on
Amendment No. 42, I wish to withdraw
amendment CU, which has been prepared,
which related to the same thing. Had this
one been adopted, it would have been neces-
sary to go back to an amendment in 5.13,
and CU, which is up there prepared does
that. I wish to withdraw it.

THE CHAIRMAN: We will withdraw
amendment CU.

Does any other person desire the floor?
The Chair recognizes Delegate Powers.

DELEGATE POWERS: Mr. Chairman,
I move the Committee of the Whole rise
and report that it has not yet concluded
consideration of the matter before it.

THE CHAIRMAN: Is there a second?

(Whereupon, the motion was duly sec-
onded.)

All those in favor, signify by saying Aye;
contrary, No. The Ayes have it. It is so
ordered.

(Whereupon, at 1 :00 P.M., the Committee
of the Whole rose, and the Convention re-
convened.)

(The mace was replaced by the Sergeant-
at-Arms.)

PLENARY SESSION
NOVEMBER 21, 1967—1:00 P.M.
PRESIDENT H. VERNON ENEY,

PRESIDING

THE PRESIDENT: The Convention will
please come to order.

In reporting for the Committee of the
Whole, the Chair changes slightly the mo-
tion made by Delegate Powers and reports

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1110   View pdf image (33K)
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