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I would like to go back to the amend-
ment offered by Delegate Bennett. It was
withdrawn. Would you like to offer it
again?
DELEGATE BENNETT: Yes, sir, I
would like to have this amendment voted
on. I was inclined before lunch to with-
draw it and try to handle the matter some
other way. I was influenced partially in
my —
THE CHAIRMAN: Just a second. Let us
wait to see if we are proceeding on the
amendment. This is the amendment marked
40, and then withdrawn. Please now mark
the Amendment No. 43.
The amendment is offered by Delegate
Bennett. Is there a second?
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: The Chair now rec-
ognizes Delegate Bennett to speak to the
amendment.
DELEGATE BENNETT: I explained it
earlier this morning, so I do not need to
go into it again. I have given some thought
to withdrawing it. This provides for a poll
by lawyers to influence some of the mem-
bers of the Convention to vote for the com-
mittee report who might not have been will-
ing otherwise to vote for it.
I do not want to do anything in the world
to endanger the report of the majority of
the committee; but, on the other hand, I
look still with considerable dismay and
concern at this provision authorizing a
secret ballot by the lawyers on whether or
not a judge should be retained.
This is arrogation that arrogates to the
judges, to a select few, the privilege of
passing upon the qualifications of these peo-
ple which, as I say, I do not think is in
good taste. I do not think it can be objec-
tive. I do not think that the lawyers, neces-
sarily, are any better able to judge on the
broader performance of the court than are
any other people, and moreover, I think the
presence of this proviso in the Constitu-
tion is a good letter on which those who
object to the Constitution can base their
objection. They are going to say that this
Convention is dominated by lawyers, that
they have provided privileges and oppor-
tunities for themselves that are not justi-
fied, and therefore they are going to cam-
paign against the charter. I would not
want to see anything of that kind done.
I ask you to influence the matter, con-
sider the influence of this, and consider
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what would happen if polls would come
out and say that 52 percent of the lawyers
of the district object to the judge, and 48
percent favor him.
What do you suppose the attitude of
that judge is going to be when he is re-
elected, as surely will be the case, despite
this poll. There is a small chance he would
not be re-elected, no matter what the poll
says. Suppose it comes to a very close vote?
Does that not mean the judge is going to
be something more of a problem than he
was before to the lawyer?
I think that the whole situation will be
much better if this were left discretionary,
or if it was left to a poll by the bar as-
sociation.
With those few remarks, I leave it in
your hands.
Thank you very much.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman and
Ladies and Gentlemen of the Committee:
There is very little more I could say
with reference to this amendment than I
believe I said this morning when it was
first proposed, and I believe discussed
briefly before it was tabled until this time.
I suggested to the proponent that I do
not see some of the problems with refer-
ence to this poll which he apparently an-
ticipates if it is a secret poll, and the.
disposition of the lawyers who may have
been less than enchanted with the record of
the incumbent, the disposition of the in-
dividual lawyers is not known and cannot
be determined.
I fail to see how that could be used in
the manner that the proponents suggest.
I have noticed to the extent of my ability
here from the debate around the strong
feeling of some of the delegates at least
that this poll is a valuable contribution in
the overall recommendation of the com-
mission.
I think perhaps that is particularly true
with populous areas where there are a
great number of lawyers and contrary to
the situation that might exist in sparsely
settled areas, few of the voters may have
personal knowledge of the incumbent.
Again, may I say that I feel that some
obligation evolves upon the membsrs of the
bar, as officers of the court, to give the
voters there who are interested their view
as to the talent or lack of talent of the
incumbent judge.
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