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THE CHAIRMAN: To whom is your
question addressed?
DELEGATE B. MILLER: Delegate
Mudd.
THE CHAIRMAN: Will Delegate Mudd
yield to a question?
DELEGATE MUDD: Yes, Mr. Chair-
man.
THE CHAIRMAN: Delegate Miller.
DELEGATE B. MILLER: Under the
California plan the commission has the
power to make recommendations to the
Court of Appeals, but does it have any
other powers and responsibilities?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: It is my recollec-
tion that the powers of the commission
there are identical with the powers we
have here given, and that our overall
recommendation is identical, save in one
respect. We give here to the Court of Ap-
peals the power to censure, which is not
in the California plan, but which is being
recommended as an addition to the Cali-
fornia plan.
THE CHAIRMAN: Delegate Sollins, for
what purpose do you rise?
*
DELEGATE SOLLINS: May I ask a
question of Chairman Mudd, please?
THE CHAIRMAN: Delegate Mudd, do
you yield to a question?
DELEGATE MUDD: Yes, Mr. Chair-
man.
THE CHAIRMAN: Delegate Sollins.
DELEGATE SOLLINS: Delegate Mudd,
the courts these days are much concerned
about the rights of defendants, and right-
fully so. Would this commission accord the
same rights to a judge who was brought
before it, or do they have right to counsel,
do they have right to face their adver-
saries? What procedures are prescribed?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: I am confident
that the rules would give every protection
to the judge under fire that they would
to any other accused, and perhaps the
judge might be advised with the admoni-
tion that I have often heard about the
lawyer who represents himself.
THE CHAIRMAN: To further amplify
that question and the answer, Delegate
Mudd, would you say that the use of the
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words "after hearing" in line 2 on page 8
were intended to indicate a hearing at
which there was due process of law, with
all that that means?
DELEGATE MUDD: Yes, Mr. Chair-
man.
THE CHAIRMAN: Is there any further
question of Chairman Mudd? Delegate
Koss.
DELEGATE KOSS: I would like to ad-
dress a question to Chairman Mudd.
THE CHAIRMAN: Delegate Mudd, do
you yield to a question?
DELEGATE MUDD: Yes, Mr. Chair-
man.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: I suspect it is
covered, but I want to make sure.
Suppose a judge who has a hearing be-
fore the commission on judicial disability
decides to retire rather than to subject
himself to the possibility of removal.
Who then has the authority to determine
rights of pension and that sort of thing?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: I think the last
sentence of 5.25 answers that: A judge
retired under this section shall have the
rights and privileges prescribed by law for
other retired judges.
THE CHAIRMAN: Delegate Koss. Do
you have a further question?
DELEGATE KOSS: I am satisfied if
you include in here voluntary retirement
rather than retirement under order.
THE CHAIRMAN: Delegate Mudd, if I
could paraphrase the question, I think
what Delegate Koss is getting at is wheth-
er the last sentence to which you just re-
ferred, the last sentence in 5.26, applies
whether the judge retires voluntarily under
fire or before he is shot down or whether
he retires after he is shot down. Is that
your question, Delegate Koss?
DELEGATE KOSS: Yes.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: My opinion is if
he retires voluntarily he receives a pension
prescribed by law. If he is retired involun-
tarily, then the Court of Appeals may do
what it decides with respect to any pen-
sion he may otherwise have been entitled to
by virtue of his service.
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