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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1126   View pdf image (33K)
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1126 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 21]

Now, we all know as a practical matter,
no contributions are made to political
parties by a judge with no purpose whatso-
ever.

It is our desire that when a judge takes
office that he be completely removed from
the political arena, and we feel that to
remove him means to remove him com-
pletely; to create a suspicion by the mere
payment of funds into a political party is
something we do not desire to attach to
this judicial article. For those reasons, we
suggest that the amendment be defeated.

THE CHAIRMAN: Delegate Johnson,
you have a little less than three minutes.

DELEGATE JOHNSON: I yield that
time back, Mr. Chairman.

THE CHAIRMAN: Yield what?

DELEGATE JOHNSON: I yield the
time back to the Chair.

THE CHAIRMAN: Delegate Mudd?

DELEGATE MUDD: May I yield two
minutes to Delegate Hodge Smith?

THE CHAIRMAN: Delegate J. H.
Smith.

DELEGATE J. H. SMITH: I shall be
very brief. I think that the purpose of this
provision is obvious. Suppose a Democratic
governor appoints a judge and then the
next time an election comes around, this
judge is besieged with requests for contri-
bution for no other reason than that he
happened to get his original appointment
from a governor who happened to be of
one party.

We think this is a good thing, to keep
them as far away from partisan politics
as possible.

THE CHAIRMAN: Delegate Mudd, do
you desire to have any further time allo-
cated?

DELEGATE MUDD: No.

THE CHAIRMAN: Available time on
control but limited debate, does anyone else
desire to speak to the amendment? Dele-
gate Dukes.

DELEGATE DUKES: Will Delegate
Mudd yield to a question?

THE CHAIRMAN: Delegate Mudd?
DELEGATE MUDD: Yes, sir.
THE CHAIRMAN: Delegate Dukes.

DELEGATE DUKES: I was in sympa-
thy with the proposal. I do not see a limita-

tion of contribution to a political party.
At least in Prince George's County the pri-
mary action is the entire campaign. Why
did you limit it to a party and place no
other limitations that would seem to me to
be more serious?

THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: It was our view,
Delegate Dukes, this was the most compre-
hensive language we could use without
spelling out a lot of particular matters.
Not being an experienced politician, it may
not have occurred to me how many escape
hatches we left.

THE CHAIRMAN: It is not limited to
political parties. It says political party or
organization.

DELEGATE DUKES: I understand the
intention of the language is to cover po-
litical contributions to persons other than
himself, I guess.

DELEGATE MUDD: Yes. I made it as
broad as possible.

THE CHAIRMAN: Delegate Chabot,
did you desire — Delegate Dukes asked the
first question. Would Delegate Mudd yield
for another question?

DELEGATE MUDD: Yes.
THE CHAIRMAN: Delegate Chabot.

DELEGATE CHABOT: I am also con-
cerned about how wide the words "polit-
ical party or organization" run. If an or-
ganization is formed to support candidates
in a school board election, would this pro-
hibit the judge from making contribution
to such an organization?

THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: In my personal
view an organization set up to foster the
candidacy of a slate for a school board
election would be a political organization
if they were running for office, yes.

THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: Thank you.

THE CHAIRMAN: Are there any fur-
ther questions? Are you ready for the ques-
tion?

DELEGATE GRANT: I have a question
for Delegate Mudd if he would yield.

THE CHAIRMAN: Delegate Mudd,
would you yield?

DELEGATE MUDD: I may have to turn
to a politician, but go ahead.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1126   View pdf image (33K)
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