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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1138   View pdf image (33K)
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1138 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 21]

justice. Any one of those violations in my
opinion will amount to "cause."

THE CHAIRMAN: The Chair has per-
mitted questions far beyond the Amend-
ment No. 50 because the sections were pre-
sented some days ago. I do not want to cut
off questions, but I think we have explored
this rather thoroughly. The question be-
fore you now is on Amendment No. 50.
Does anyone desire to discuss that amend-
ment further?

(There was no response.)
Are you ready for the question?
(Call for the question.)

The Clerk will please sound the quorum
bell.

The question arises on the adoption of
Amendment No. 50 to Committee Recom-
mendation JB-1.

A vote Aye is a vote in favor of Amend-
ment No. 50. A vote No is a vote against.
Cast your votes.

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 36 votes in the affirmative
and 71 in the negative, the motion is lost.
The amendment is rejected.

Are there any further amendments to
section 5.26?

(There was no response.)

Are there any amendments to section
5.27?

(There was no response.)

Section 5.28 is open for amendment. Does
Delegate Marion still desire to offer his
amendment?

DELEGATE MARION: Yes, Mr. Chair-
man.

THE CHAIRMAN: The pages will please
distribute amendment Z. This will be
Amendment No. 51. The Clerk will read
the amendment.

READING CLERK: Amendment No. 51
to Committee Recommendation JB-1 by
Delegate Marion: On page 9 section 5.28
Rules Governing Commission on Judicial
Disabilities line 14, before the word "shall"
insert the following:

", and the means of implementing the
powers granted by section 5.27,".

THE CHAIRMAN: The amendment is
offered by Delegate Marion. Is there a
second?

(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,
in our haste to draft sections 5.25 through
5.28, I believe that we omitted an essential
authority in the constitution, which this
amendment proposes to correct; and that is
the authority to prescribe the means of im-
plementing and enforcing those powers
which the commission is granted in section
5.27.

After the committee report was submit-
ted to the Convention, and then to the Com-
mittee of the Whole, I asged our staff ad-
viser if he would check to see whether or
not this might not have been an oversight.
He did some research on the question and
suggested that the last sentence of 5.28
read as it would read if this amendment
were adopted by the Committee of the
Whole.

This is consistent with the language
which is found in the California Constitu-
tion, authorizing the implementation of the
powers granted to their Commission on Ju-
dicial Qualifications. It is consistent with
the authority given to implement the power
given to the Commission on Judicial Disa-
bilities which now exists in Maryland. I
urge the support of the ammendment.

THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: We agree, Mr.
Chairman, and I have no objection to the
proposed amendment.

THE CHAIRMAN: Is there any dis-
cussion?

(There was no response.)
Are you ready for the question?
(Call for the question.)

f

The question arises on the adoption of
Amendment No. 51 to Committee Recom-
mendation JB-1.

A vote Aye is a vote in favor of Amend-
ment No. 51. A vote No is a vote against.

Cast your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1138   View pdf image (33K)
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