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Pursuant to the recess taken by the
Committee of the Whole yesterday, the first
order of business this morning is to afford
Delegate Clark the opportunity to offer his
amendment, which he had offered and then
withdrawn.
I believe the amendment is already dis-
tributed.
For what purpose does Delegate Gal-
lagher rise?
DELEGATE GALLAGHER: A parlia-
mentary inquiry, Mr. Chairman. May I
suggest the absence of a quorum? I do not
think we have had a roll call.
THE CHAIRMAN: We have had a roll
call.
DELEGATE GALLAGHER: I am sorry.
THE CHAIRMAN: We will take an-
other one in view of the fact that the ab-
sence of a quorum is suggested; roll call.
The Clerk will record the roll call.
A quorum being present, the Committee
of the Whole is in session.
You have on your desk the amendment
which was offered yesterday originally as
Amendment No. 52, and then upon request
withdrawn by Delegate James Clark.
The amendment will me No. 52 to Com-
mittee Recommendation JB-1. The amend-
ment was modified yesterday. Make sure
that you have the corrected copy. The Chair
will read it as modified: On page 4, section
5.14, Nomination and Appointment in line
45 after the word "vacancy", add this sen-
tence: "If no list or a list with less than
the minimum of names is received by the
governor within the time specified herein,
the governor may fill the vacancy by ap-
pointing any eligible person."
The amendment was withdrawn yester-
day in order to give the Committee on the
Judicial Branch an opportunity to consider
it and advise the Committee of the Whole
with respect thereto. The Chair recognizes
Delegate Mudd.
DELEGATE MUDD: It is my under-
standing the proponents desire to with-
draw the amendment, Mr. Chairman.
THE CHAIRMAN: Delegate Clark.
DELEGATE J. CLARK: Mr. Chairman,
in harmony with the request of the Chair-
man of the Committee, the proponents of
this amendment agree to withdraw it.
THE CHAIRMAN: Amendment No. 52
is withdrawn.
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We are now at the point under the De-
bate Schedule where we are considering
sections 5.29 to 5.31. The Chair recognizes
Delegate Mudd to make a presentation of
the committee recommendation on behalf
of the Committee.
DELEGATE MUDD: Mr. Chairman, la-
dies and gentlemen of the Committee, may
I first thank you for your kind and long-
suffering consideration of the matters so
far considered, as per the Committee Rec-
ommendation JB-1.
I would like to assure you and hope that
I can, that the consideration required of
the subject matter now to be presented
should not be as difficult or require as
much time.
The matter now to be presented to the
Committee is administration of the judicial
system and the rule-making power of the
Court of Appeals.
This subject matter is covered by only
two sections of the committee recommen-
dation: section 5.29 and section 5.31.
As the present Constitution provides, our
committee recommendation provides that
the chief judge of the Court of Appeals
shall be the administrative head of the ju-
dicial system. The recommendation further
provides that the chief judge of the Court
of Appeals shall appoint a chief judge of
each of the other three court tiers. The
chief judge of the intermediate court of
appeals, the superior court and the chief
judge of the district court should have such
administrative duties incident to the over-
all functioning of the Judiciary as as-
signed for that purpose.
Our recommendation as further provided
in section 29 allows for the appointment
of other administrative judges to be charged
with such administrative responsibilities as
assigned them by the Chief Judge of the
Court of Appeals.
These administrative judges shall per-
form such duties as prescribed by rule of
the Court of Appeals, such rules to be
adopted pursuant to the rule-making power
of the court, as set out in the subsequent
section 5.31.
Likewise, the administration of the ju-
dicial system obviously contemplates effi-
cient use of the judicial manpower so that
the administration of the judicial system
allows for the assignment temporarily of
any judge to any court as prescribed by
rule. This is a necessary integral part of
the administrative responsibility and duties
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