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I might further suggest that in my
humble opinion, should the result of such
a poll be the figures suggested by Delegate
Bennett, with 52 favoring and 48 percent
not favoring the incumbent judge, I would
guess that that judge would not be re-
turned, if the overall objective of this plan
of ours is to obtain the best; and if I am
correct in that view, I feel there is a useful
purpose to be served by the poll. I would
resist any effort to make it permissive, be-
cause I feel if it were permissive, then
even if it did not occur, we would be sub-
ject to the criticism that it is there as a
lever to use when and if it might serve the
purpose of those in control, so I feel it
should be mandatory or not at all.
THE CHAIRMAN: Do any other dele-
gates desire to speak in favor of it?
Delegate Chabot.
DELEGATE CHABOT: Many people
have indicated the sentiment for taking
things out rather than putting them in.
I find it difficult to see why this particular
obligation of the bar, if there be such an
obligation, must be mandated in the con-
stitution. I do find great difficulty with
the requirement to the poll. It seems to me
that it can be misused in many ways. It
seems to me that it opens to any dissident
who is unhappy with the way he was
treated in an individual case the oppor-
tunity to muster up some group who are
willing to vote against the judge who can
perhaps gather only a quarter of a third of
the votes, far less than the majority.
I would suggest that Delegate Mudd
might well agree that a judge who had a
"No" vote in this secret poll of as many
as one-quarter or one-third of the attor-
neys in his district would find that his
usefulness as a judge has been seriously
impaired, even though this did not at all
indicate the general attitude of the lawyers
in the area, even though this may have
been a vote sponsored primarily by, as I
say, one or two dissidents.
If we have as a number of the people
here have suggested we will have within a
short time, an integrated bar, and there is
some feeling as to the qualifications of a
particular judge, I am quite sure that
there will be no difficulty in the absence
of this sentence, of the bar association re-
quiring members to poll their opinions is
included; but this will occur when there is
a real acknowledged feeling, when perhaps
this judge is not worthy of continued
sitting.
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I suggest that is the appropriate way of
handling the situation. I urge you to so
vote.
THE CHAIRMAN: Does any delegate
wish to speak in opposition?
Delegate Roscnstock.
DELEGATE ROSENSTOCK: Mr.
Chairman, the only witnesses before our
Committee who opposed the secret poll were
some of the judges who appeared before us.
If the speaker before had ever spent much
time in the organized bar, he would find
that the present sitting judge principle
that was adopted in order to help a city
judge through an election, had the me-
chanics of having a friend of that judge
present to the bar association a resolution
to back that particular judge for reelection.
That association, by almost the unanimous
vote, resolved to back him, and so adver-
tised to the public that sitting Judge "X"
should be reelected.
You know, it takes a great deal of cour-
age in an open meeting of the bar as-
sociation to say that Judge "X" might be
honest, but he was not qualified, and some-
times I fear some judges of not the highest
ability have been retained on the bench;
whereas, in the secret ballot to be conducted
by, we hope, the clerk of the Court of Ap-
peals of Maryland, every lawyer will have
to wrestle with his conscience, whether he
should vote yes or no for the retention of
Judge "X".
THE CHAIRMAN: The Chair recog-
nizes Delegate Barrick to speak in favor
of the amendment.
DELEGATE BARRICK: Mr. President
and Ladies and Gentlemen of the Conven-
tion:
This procedure may be desirable in
larger areas, but in the rural areas it will
not work at all. In Frederick County we
have some 45 practicing lawyers, and if
we had a secret ballot as to whether or not
to retain a judge, I could tell you how each
member of the bar would vote, and I sub-
mit the judge could do likewise.
What I fear most is that he might guess
wrong; I submit it will not be a secret
ballot in smaller areas. I do not think it is
needed, and it will not serve any useful
purpose.
THS CHAIRMAN: The Chair recog-
nizes Delegate Sickles.
DELEGATE SICKLES: Mr. Chairman
and members of the Commission:
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