|
mendation JB-1 which is to change the
word "shall" in line 44 to the word "may."
A vote Aye is a vote in favor of Amend-
ment No. 45. A vote No is a vote against.
For what purpose does Delegate Ryb-
czynski rise?
DELEGATE RYBCZYNSKI: I should
like to ask a question and the answer will
determine my vote.
THE CHAIRMAN: To whom is it ad-
dressed?
DELEGATE RYBCZYNSKI: To Dele-
gate Case.
THE CHAIRMAN: Do you yield?
DELEGATE CASE: Yes, sir.
THE CHAIRMAN: Delegate Rybczynski.
DELEGATE RYBCZYNSKI: Is it pos-
sible that the vote can be taken for one
judge and not for another judge? This is
what has worried me. Is it possible?
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: I am not sure I
quite understand. If you would give me an
example, —
THE CHAIRMAN: I think his question
is if the provision should be made permis-
sive would the Court of Appeals be able to
adopt a rule that it would provide a poll
in the case of Judge A but not in the case
of Judge B.
DELEGATE RYBCZYNSKI: It is a
pretty close question. I would think they
would not do it, but I think it is possible
they might.
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: Mr. Chairman,
I suggest that the answer to Delegate Ryb-
czynski's question is no. I do not think the
Court of Appeals for a reason that I will
mention could by rule provide for a vote or
secret ballot in some cases and not in
others.
Why do I say that? Because the rest of
the section provides as follows: If the
word "shall" were changed to "may", the
Court of Appeals might prescribe by rule
for the taking of such a poll. If the Court
of Appeals provides that it shall take such
a poll by rule, it must be taken in every
case. Otherwise, there would not be equal
protection of the law. If it provided by
rule that the polls should not be taken,
none would be taken.
|
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: I rise to adopt Del-
egate Sybert's opinion.
THE CHAIRMAN: Delegate James?
DELEGATE JAMES: I would like to
address a question to some knowledgeable
person. I pick Delegate Case.
THE CHAIRMAN: Do you yield to
Delegate James?
DELEGATE CASE: I knew I should
have left when I was ahead.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Could rules be
adopted such as in cases of population of
20,000 or less there would be no poll but in
populations of 100,000 or more, there would
be a poll? It seems to me a complex popu-
lation figure could be drawn.
THE CHAIRMAN: You mean could it
be possible to set such a standard under
the rule set out in section 5.21 or as
amended? To which is your question
directed?
DELEGATE JAMES: Under the pro-
posed amendment.
THE CHAIRMAN: Delegate Case?
DELEGATE CASE: Yes, I think that
could be done.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 45 to Committee Recom-
mendation JB-1, to change the word "shall"
to the word "may" in line 44.
A vote Aye is a vote in favor of Amend-
ment No. 45. A vote No is a vote against.
Cast your votes.
Have all delegates voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 56 votes in the affirmative
and 67 in the negative, the motion is lost.
The amendment is rejected.
The amendment has now been printed
and distributed to you. It is Amendment
No. 45.
|
