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of the chief judge as the head of the ju-
dicial system.
With respect to section 5.31, titled, "Rule-
Making Power," may I first call your atten-
tion to the first few words thereof, which
say that, except as to matters specifically
provided by this constitution to be pre-
scribed by rule, the Court of Appeals by
rule and the General Assembly by law
shall have concurrent power.
Now, our Committee Recommendation as
presented to you contains many provisions
to be governed exclusively by rule. Some of
those have been deleted by action of the
Committee of the Whole, and the remaining
matters in this area that can be controlled
exclusively by rule-making power of the
Court of Appeals are these :
Establishment of the number, qualifica-
tions and duties of the commissioners, and
of the judges to appoint them. Number
two, establishment of provisions for law-
yers' poll; number three, establishment of
rules, practice and procedure of the whole
Commission on Judicial Disabilities.
Next, establishment of manner of desig-
nating administrative judges and their
duties.
Next, provision for the assignment of
judges, and lastly, provision for appoint-
ment and terms of clerks of the district
courts.
Therefore, you will please understand
that the committee recommendation is that
within those six areas the power is exclu-
sively within the Court of Appeals, to be
exercised by its rule-making authority. In
all other areas, namely, those of concur-
rent power, the power is concurrently
within the legislature and within the rule-
making power of the Court of Appeals.
These are areas, concerning first, regula-
tions governing procedures in the courts,
second, those governing admission of per-
sons to practice law in this State and the
discipline of persons so admitted, and
third, those governing administration of
the courts, officers of the judicial branch,
and to the extent their duties directly re-
late to the enforcement of judicial orders,
officers of the executive branch.
Accordingly, it is the recommendation of
your Committee on the Judicial Branch
that as provided in section 5.31, the Court
of Appeals shall have exclusive authority
with respect to the six matters previously
detailed, but with respect to all other mat-
ters in the categories just mentioned, the
power shall be concurrent with the legis-
lature.
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As indicated in our supporting memo-
randum, this concurrent power is not novel
and is in fact a continuation of the exist-
ing situation.
The testimony before our Committee in-
dicated that there has been no problem
about the concurrent authority of the legis-
lature and the Court of Appeals in the
exercise of its rule-making power. There
has for many years been a continuing 16-
man Rules Committee. That committee has
worked harmoniously and cooperatively
with the legislative leaders in concurrently
providing for matters of substance and
masters of practice and procedure, where
there is need concurrently for improvement
in this area.
Accordingly, we suggest that what is
proposed by our committee recommendation
in these two sections, 5.29 for administra-
tion, and 5.31 under the rule-making power,
is nothing more than is required for the
proper administration of the four-tier
court system as exclusively a state func-
tion, and we respectfully suggest that the
administrative responsibilities which now
devolve first upon the chief judge of the
Court of Appeals and the chief judges of
the other three courts, and such other ad-
ministrative judges as may from time to
time be required, will be a much greater
responsibility than heretofore, and these
administrative powers, plus the rule-
making power of the Court of Appeals, be
exercised in most areas concurrent with the
legislature is a necessary part of our Re-
port and essential to the efficient function-
ing of the four-tier system with the man-
power to be provided under the selection
and tenure provisions which so far have
been approved.
I feel that this is a readily understood
area of the subject matter covered by our
recommendation, but I will be happy to try
and answer any questions you may have in
this area and would like the opportunity to
yield to Judge Henderson, a member of our
Committee, who has had extensive experi-
ence on the bench, was a member of the
Court of Appeals and who by virtue of cur-
rent membership on the Committee on
Rules is perhaps more conversant than any
delegate in this Convention with the need
and accomplishment that has been made
in that area.
I will answer any questions, Mr. Chair-
man.
(At this point, the First V ice-President
James Clark assumed the chair.)
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