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DELEGATE WEIDEMEYER: Delegate
Marion.
THE CHAIRMAN: Delegate Marion, do
you understand the question?
DELEGATE MARION: I think I un-
derstand the question. I am not sure I
have the answer, but I refer back again
to section 5.23. If it can be permitted under
the language of section 5.23, which says
"each judge shall be compensated for his
judicial service solely by the State," I see
that this sentence adds nothing more and
makes that sentence no clearer.
THE CHAIRMAN: I think it would be
well for the record if the Committee's views
were stated with respect to the provision in
section 5.23, and also in 5.24.
Was it the Committee's intention that
the language used would prevent a county
from paying a judge on active service an
expense allowance, as well as supplement-
ing his salary? Delegate Mudd.
DELEGATE MUDD: The answer to
that is yes.
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. 48 to Committee Recom-
mendation JB-1.
A vote Aye is a vote in favor of Amend-
ment No. 48. A vote No is a vote against.
Sound the quorum bell, please.
Cast your vote.
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 57 votes in the affirmative
and 60 in the negative, the motion is lost.
The amendment is rejected.
Delegate Bamberger, do you still desire
to offer your amendment BR?
DELEGATE BAMBERGER: No, sir.
THE CHAIRMAN: Thank you.
Delegate Burdette, for what purpose do
you rise?
DELEGATE BURDETTE: Mr. Chair-
man, to ask when it would be appropriate
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to ask a question about the meaning of an-
other section of the language in 5.24. I
have no amendment to offer.
THE CHAIRMAN: The meaning of an-
other —
DELEGATE BURDETTE: — another
sentence.
THE CHAIRMAN: Delegate Mudd, do
you yield to a question from Delegate Bur-
dette?
DELEGATE MUDD: Yes, Mr. Chair-
man.
THE CHAIRMAN: State your inquiry,
Delegate Burdette.
DELEGATE BURDETTE: I should
like to inquire, Delegate Mudd, whether
the distinction which I understood Delegate
Marion to make between a judge and a re-
tired judge holds true in such a fashion
that when a retired judge is serving tempo-
rarily, as permitted by this language, that
he is not a judge. I do not mean to malign
Delegate Marion, but I so understood that
distinction, and I wanted to get it in the
record officially one way or the other.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Well, I do not
know that I understood your question, but
if a retired judge is recalled, then obvi-
ously he is performing a judicial service
and presumably could then be put back on
salary. I assume he would no longer be re-
tired, temporarily; so he would be tempo-
rarily out of retirement.
THE CHAIRMAN: Delegate Burdette.
DELEGATE BURDETTE: That was
my own understanding. I would ask for
the record another interpretation, that if
he were recalled, would his pension be sus-
pended during the period of that being re-
called under the last sentence in section
5.24?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: My interpretation
of that would be that he could not draw
his pension as a retired judge and also re-
ceive a salary as an active judge; one or
the other, but not both.
THE CHAIRMAN: The Chair would
like to observe in connection with those
several questions and the answers that in
all probability the answers would be fur-
nished by the legislation prescribing the
salaries of judges on active service, retired
judges recalled to active service and pen-
sions.
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