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THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: The restriction
applies to active judges and not retired
judges?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: That is correct.
THE CHAIRMAN: Are you ready for
the question? Delegate Johnson.
DELEGATE JOHNSON: I want to
make our position clear. If we take out the
term "or make any contribution" the sen-
tence would still be in effect that the judge
could not hold any office in any political
party or an organization.
In our view there are, as I understand it,
Democratic and Republican sustaining
funds and it would seem to me that if a
judge would want to willingly contribute
to a party of his choice he should be en-
titled to do so.
THE CHAIRMAN: Delegate Marvin
Smith.
DELEGATE M. SMITH: The point has
been made back here that it would be abso-
lutely against the canons of judicial ethics
for a judge to make such a contribution.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The Clerk will sound the quorum bell.
The question arises on the adoption of
Amendment No. 47 to Committee Recom-
mendation JB-1.
A vote Aye is a vote in favor of Amend-
ment No. 47. A vote No is a vote against.
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 16 votes in the affirmative
and 92 votes in the negative, the motion is
lost. The amendment is rejected.
THE CHAIRMAN: Delegate Marion, do
you still desire to offer your amendment
AB?
DELEGATE MARION: Yes, Mr. Chair-
man.
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THE CHAIRMAN: The pages will dis-
tribute amendment AB. This will be
Amendment No. 48.
The Clerk will read the amendment.
READING CLERK: Amendment No. 48
to Committee Recommendation JB-1 by
Delegate Marion: On page 7 section 5.24,
Restriction of Non-Judicial Activities, lines
36 through 38 strike out " , or receive any
remuneration for his judicial service ex-
cept as provided herein".
THE CHAIRMAN: The amendment is
proposed by Delegate Marion. Is it sec-
onded?
(Whereupon, the amendment was duly
seconded.)
The amendment having been seconded,
the Chair recognizes Delegate Marion to
speak to the amendment.
DELEGATE MARION: Mr. Chairman
and fellow delegates, I hope this matter
could be disposed of rather quickly. I do
not think this is a matter of great policy,
but I propose the amendment because I
can see no purpose for the language that I
propose to delete in this particular section.
If this amendment is adopted, the first
sentence in section 5.24 would end with a
period after the word "campaign" in line
36, and the remainder of the sentence
would be deleted.
I see no purpose for this language in
section 5.24. In the first place it seems out
of place because it refers to remuneration
for his judicial service, and it is placed in
a section which restricts the judge's non-
judicial activities; and in the second place,
it seems either superfluous or redundant,
because the first sentence in section 5.23
provides that "each judge shall be com-
pensated for his judicial service solely by
the State".
I inquired of Mr. Robert Martineau,
Secretary of this Convention, who was the
chairman of the judicial subcommittee of
the Constitutional Convention Commission,
and he in effect confirmed my view that it
was redundant. Our able staff adviser of
the Committee on the Judicial Branch, Mr.
Adkins, on a memorandum to the members
of the Committee, has indicated that this
language seems redundant, and I would
hope that it could be deleted for that rea-
son.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman, I
have great confidence in the proponent of
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