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The purpose of this proposed amendment
would restrict the power of the legislature
to exercise any restrictions in this area
and leave entirely to the rule-making power
of the Court of Appeals. We feel that since
it is unnecessary to mandate the provision
in the constitution, that by defeating this
amendment and leaving the authority con-
currently with the Court of Appeals and
the legislature, that the situation is better
taken care of in that manner, and we there-
fore resist the amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
(There was no response.)
Does any delegate desire to speak in op-
position?
(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. 49 to Committee Recom-
mendation JB-1.
A vote Aye is a vote in favor of Amend-
ment No. 49. A vote No is a vote against.
Cast your votes.
Have all delegates cast their votes? Does
any delegate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 24 votes in the affirmative
and 72 in the negative, the motion is lost.
The amendment is rejected.
Are there any further amendments to
section 5? Delegate Bennett.
DELEGATE BENNETT: Mr. Chair-
man, a personal privilege, please.
THE CHAIRMAN: State the privilege.
DELEGATE BENNETT: I take it that
members of this Convention know that un-
der a foundation grant, the political sci-
snce department of Brown University is
trying to find out how this Convention
ticks and the extent to which it should be
tield up as a model to other constitutional
conventions. There is a prejudiced viewer
in the gallery who happens to be my grand-
son, accompanied by his attractive mother,
Mrs. Wilma Bennett.
THE CHAIRMAN: Delighted to have
them with us.
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(Applause.)
Delegate White, for what purpose do you
rise?
DELEGATE WHITE: I wonder if
Chairman Mudd would yield for a question.
THE CHAIRMAN: To what section is
your question directed?
DELEGATE WHITE: Section 5.24.
THE CHAIRMAN: Delegate Mudd, do
you yield to a question?
DELEGATE MUDD: Yes.
THE CHAIRMAN: State the question,
Delegate White.
DELEGATE WHITE: I would like to
get your reasoning behind the prohibition
on a retired judge. He might be practicing
law during retirement. Why would you
make it necessary to preclude him from re-
ceiving money from acting in his capacity
as a lawyer while in retirement, or while
seeking election? I would like to get your
thinking on that.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Our view, Dele-
gate White, was that a retired judge is
either retired or he is not. If he were re-
called back to the bench, then possibly he
might receive a salary of a sitting judge,
and then would receive no pension. Like-
wise, if he elected to go back into the prac-
tice of law, then he would not receive a re-
tirement. It was our view that he had a
choice. If he desired to be turned out to
pasture, stay on pasture, then he would
get his retirement. If the pasture was not
lush enough under retirement privileges,
he could go back to practicing law and lose
his retirement.
THE CHAIRMAN: Do you have any
further question, Delegate White?
DELEGATE WHITE: No, sir.
THE CHAIRMAN: Is there any amend-
ment to section 5.25?
(There was no response.)
The Chair hears none. Section 5.24. Dele-
gate Johnson, do you still desire to offer
your amendment L?
DELEGATE JOHNSON: If you can
take them, Mr. Chairman, we can. Yes,
we do.
THE CHAIRMAN: The Chair can take
it for a very short while.
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