|
The Clerk will record the vote.
There being 56 votes in the affirmative
and 71 in the negative, the motion is lost.
The amendment is rejected.
Delegate James Clark, do you desine to
offer your amendment DK?
The page will distribute amendment DK.
For what purpose does Delegate Mason
rise?
DELEGATE MASON: I rise, Mr. Chair-
man, to a point of personal privilege.
THE CHAIRMAN: State the privilege.
DELEGATE MASON: I would like to
acknowledge that in the rear gallery we
have thirty-nine students from Morgan
State College, Institute of Political Educa-
tion, accompanied by Mrs. Odair and Mrs.
Mitchell.
THE CHAIRMAN: We are delighted to
have you with us.
(Applause.)
THE CHAIRMAN: This will be Amend-
ment No. 44.
The Clerk will read the amendment.
READING CLERK: Amendment No. 44
to Committee Recommendation JB-1, by
Delegates Clark and Raley: On page 6 sec-
tion 5.21 Term of Office of Judge, in line
33 strike out the numerals "10" and insert
in lieu thereof the numeral "8".
THE CHAIRMAN: Is there a second
to the amendment?
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: The amendment is
offered by Delegates Clark and Raley, and
having been seconded, the Chair recognizes
James Clark to speak to the amendment.
DELEGATE J. CLARK: Mr. Chairman,
by our action we have accepted the Com-
mission's recommendation that we will
have non-competitive elections for judges.
This is quite a departure from our former
procedure in this State. It seems to be that
if this is going to be a review of the judge
by the people, as proclaimed by the Com-
mittee — and I believe that they are sincere
in this — that perhaps it would be wise and
perhaps the people of this State would feel
a little better about this change if we
shortened the term. Therefore this amend-
ment is offered to say that the term of a
judge will be eight years.
In this little booklet we have about mod-
ernizing state governments, we find that
|
the average term for judges in the United
States, for all the states, averaged out to
exactly eight. There are few states that
have a life-time provision; many of them
have terms as short as six years. But the
average is eight, and it seems to me that
having a judge stand for election every
eight years in a non-competitive election is
not unreasonable, and I would hope that
the amendment would be adopted.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman,
our Committee recognized the thought in
connection with this matter that has been
advanced by Delegate Clark, the proponent
of this amendment, and we agree readily
in view of our proposal as to the manner
of selection of judges that the tenure
should be reduced, that under the idea of
a non-competitive election, the judge would
be running against his record. His term
should be substantially less than fifteen
years. The fifteen-year term now enjoyed
by members of the Maryland judiciary is
among the longest terms allowed the judges
in any State of the Union. All I can say
in support of the Committee Recommenda-
tion on this score is that we agree in prin-
ciple with Delegate Clark. We did submit
to the Committee on the Judicial Branch
the exact proposal he has, namely an eight-
year term. The vote in Committee on the
eight-year term was six for, eight against,
three abstaining. A majority of the Com-
mittee adopted the ten-year term, and
therefore I would urge the defeat of this
amendment.
THE CHAIRMAN: Does any delegate
desire to speak in favor of this amendment?
Delegate Raley;
DELEGATE RAHEY: Mr. Chairman, we
are making some of these very fundamental
changes and it is to a great extent cer-
tainly limiting the power of the people to
review the judiciary. There is some validity
to the arguments that this is making the
judiciary too powerful. An eight year term
will make a greater frequency of review.
This could be very helpful to the judiciary
system and also protect the power of the
people, and protect the right of the people.
Think about it a little. An eight-year
check, an eight-year review by the people
can mean a lot in shaping up the judiciary
and the kind of feeling that they have to-
ward the laws of this state.
THE CHAIRMAN: The Chair recognizes
Delegate Clagett to speak in opposition to
the amendment.
|
