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Will the pages please distribute amend-
ment L? This will be Amendment No. 50.
The Clerk will read the amendment.
READING CLERK: Amendment No. 50
to accompany Minority Report JB-1 to
Committee Recommendation JB-1 by Dele-
gates Johnson, Harkness, Hickman, Kahl,
Murphy, Siewierski and Rush: On page 8
in section 5.26 Commission on Judicial Dis-
abilities in lines 28 and 29 strike out "one
lay person, and one lawyer" and insert in
lieu thereof the following : "two lay per-
sons, and two lawyers".
THE CHAIRMAN: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Johnson to speak to the amend-
ment.
DELEGATE JOHNSON: Mr. Chairman,
I yield to Delegate Siewierski.
THE CHAIRMAN: Delegate Siewierski.
DELEGATE SIEWIERSKI: Mr. Chair-
man, ladies and gentlemen of the Commit-
tee —
THE CHAIRMAN: For what purpose
does Delegate Sollins rise?
DELEGATE SOLLINS: Mr. Chairman,
I do not recall Chairman Mudd reviewing
Sections 5.25 to 5.31. Perhaps he did it sev-
eral days ago, and I may be gathering
wool, too, but I do not recall.
THE CHAIRMAN: He has reviewed
these sections in connection with his pre-
sentation of part 2. Delegate Siewierski.
DELEGATE SIEWIERSKI: Mr. Chair-
man, fellow delegates, we of the minority
of the Committee recommended that this
Commission on Judicial Disability be com-
posed of three judges, that is, one judge of
the intermediate court of appeals, one judge
from the superior court level, one judge
from the district court level, in addition to
two lawyers and two lay members.
Our amendment differs from that of the
majority in that we provide two laymen
and two lawyers rather than one layman
and one lawyer.
The reasons for making this amendment
are several: First of all, we feel that the
judges on this commission may not be
totally objective. We feel that perhaps they
may be somewhat reluctant to study the
situation objectively for fear that a com-
plete investigation might bring discredit to
the bench on which they are sitting. Sec-
ondly, we feel that they may not be very
objective for the fact that perhaps one of
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the members themselves might be before
this Judicial Commission and would want
their colleagues to remember them as being
sympathetic or accommodating.
We recommend also that an efficient law-
yer would perhaps bring a different point
of view to the commission. He would pre-
sent a point of view, which would perhaps
balance those of the judges.
We suggest that a lawyer knows more
judges or knows the judges better than do
the other members of the bench.
We recommend the addition of a second
lay person to the commission for these rea-
sons: First of all, we feel that this person
will be completely unbiased when he comes
to the commission. He will have had no
previous contact with either the judge or
with the lawyer. We feel that perhaps this
balance of the three judges and only two
non-judicial members of the commission
could present an imbalance.
We want you to realize that this com-
mission, once it does make a recommenda-
tion, recommends action to the Court of
Appeals; so in this respect we could see
that the judges are actually getting a
double shot or getting two chances to judge
one of their own members or judge one of
their colleagues.
We feel that more non-judicial members
would create a better balance and would
ask your support of this amendment.
THE CHAIRMAN: Before calling on
Delegate Mudd, the Chair would like to
have the attention of Delegate Sollins.
It has been called to the Chair's atten-
tion that he misunderstood your inquiry.
Was your inquiry directed to sections 5.29
to 5.31 or to sections 5.12 to 5.28?
DELEGATE SOLLINS: My comments
were directed to sections 5.25 to 5.31. I do
not recall Delegate Mudd discussing those
sections and the delegates having an op-
portunity to ask him any questions about
it.
THE CHAIRMAN ^Sections 5.25 to 5.28
were discussed by Delegate Mudd. Sections
5.29 to 5.3I have not yet been presented,
either by Delegate Mudd or by the mi-
nority. They will be as soon as we con-
clude consideration of section 5.28.
The Chair recognizes Delegate Mudd.
DELEGATE MUDD: Mr. Chairman,
may I say that my presentation and ex-
planation of the section dealing with the
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