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the poll, just what record are we present-
ing to the electorate to vote on?
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: When
Deleg-ate Jett makes the same speech that
he made here before a bar association, I
will second the speech and vote for i't; but
the bar association or group of lawyers
may speak. I think the legislature might
provide for some way in which that record
can be told. Lawyers have not had any diffi-
culty in the past in speaking out and ex-
pressing their views about judges who
were running for reelection. My point is
simply that I do not believe that rising to
the status of constitutional dignity, and
that it ought to be given that status when
it is presented to the people.
THE CHAIRMAN: Delegate Rybczyn-
ski, do you have a further question?
DELEGATE RYBCZYNSKI: Yes. Are
we to take from your comment that you
are saying that as opposed to a secret
ballot, where lawyers would not be identi-
fied individually, you are suggesting that
lawyers sign their names to advertisements
or some such as that in the newspapers? Is
that what you are telling us?
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: No, I am
not telling you that at all. I think there
may be several methods by which the law-
yers may make known their views about
the competence of a judge. If it was to be
a ballot of all those at the bar, I person-
ally would speak for a secret ballot.
THE CHAIRMAN: Delegate Boileau.
DELEGATE BOILEAU: Mr. Chairman,
I would like to speak in favor of the pro-
posed amendment.
THE CHAIRMAN: You may proceed.
DELEGATE BOILEAU: Delegate Ad-
kins earlier hit the nail exactly on the head
when he noted that we were talking here
about an experiment that may or may not
work. When we are talking about experi-
ments that may or may not work, we do
not enshrine them in our Constitution. We
provide for a certain degree of flexibility.
There are two obvious ways that this can
be done in terms of actual practical action.
One would be for the Bar Association to
provide for rules that would call for the
polling of attorneys. The second way would
be for the General Assembly, through their
normal action, to provide^)>r a statute, for
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a law that would also provide for appropri-
ate rules of action in this case.
I think that in a situation where we are
talking about an experiment, we need flexi-
bility, and a vote for this motion will pro-
vide for the potential for it.
THE CHAIRMAN: Does any delegate
desire to speak in opposition? Delegate
Schneider.
DELEGATE SCHNEIDER: Mr. Chair-
man, as Delegate Boileau has pointed out,
we are speaking to experimentation; but
also in the other articles we have had be-
fore this Convention, we have spoken of
experimentation, and we have not been
afraid to put it in the Constitution. If we
decide that the 18-year old should vote, we
are going to put it in the constitution. We
are not going to be afraid to. If we decide
that the attorney general and comptroller
should be appointed, ndt elected, we are
going to put it in the constitution. We are
not going to put it in the statute to see
how it works.
I submit that the way it is done now by
the Bar Association, coming out with a few
men in a meeting and saying, printing in
the newspaper, that we support the city
judges, and this influencing the electorate,
is not the best way. Since they do not have
live opposition, to point out any faults of
the judges, I think the way to do it is to
make sure that the list that comes out and
is made known to the people, contains the
views of all the lawyers, not just the bar
association.
I think the only way to guarantee that,
the only to make a meaningful noncom-
petitive election is to defeat this amend-
ment just as we defeated it before and
hope it is not reconsidered again.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment? Delegate Carson.
DELEGATE CARSON: I will be very
brief.
I think it is obvious today that the prac-
tice of law is not entirely a practice in a
court of law, but many, perhaps most prac-
titioners, practice in offices and seldom if
ever get to court. I have offices both in
Baltimore City and Harford County. In
Baltimore City I would guess that less
than 10 per cent of the attorneys fre-
quently get to court there. In Harford
County I would say approximately 50 per
cent do and 50 per cent do not. I do not
think that it is a valid criteria in Balti-
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