|
did flag the power that was placed in the
Court of Appeals by rule; and this Com-
mittee has properly in our opinion amended
certain sections so that unless I hear other-
wise from the other members of the mi-
nority, we will not provide to exclude some
of the exclusive rule-making power that is
now left in the Court of Appeals under
section 5.31.
I will be happy to answer any questions.
THE CHAIRMAN: Are there any ques-
tions of the Minority Spokesman? Delegate
Rybczynski.
DELEGATE RYBCZYNSKI: Delegate
Johnson, can we start voting on these prob-
lems, tell us, either by listing the matters
now or eventually, just how many ad-
ministrative appointive duties are being as-
signed to the chief judge by virtue of this
entire article?
DELEGATE JOHNSON: Well, it is a
little difficult to characterize each and
every one at this particular point, Delegate
Rybczynski, because some of the matters
have been amended, both in Committee and
by the Committee of the Whole to provide
that some of these quasi-procedural mat-
ters will now be handled by law and others
by rule, rather than directly by the chief
judge, but I can say that under section
5.29, of course, he would appoint all the
other chief judges, even thought the sec-
tion 5.29 prescribes that he may assign
judges, or that the assignment of judges
in the other courts shall be by rule; never-
theless the chief judge will perform the
designation of assigning the other judges.
THE CHAIRMAN: Are there any other
questions?
DELEGATE JOHNSON: And of course
under the judicial system, as previously en-
acted, we provide that commissioners shall
be appointed as prescribed by rule.
I am sorry I cannot detail more at this
time.
THE CHAIRMAN: Are there any other
questions of the minority spokesman?
(There was no response.)
If not, Delegate Johnson can return to
his seat, and we will proceed to consider
the sections seriatim.
Delegate Johnson, do you desire to offer
your amendment M?
DELEGATE JOHNSON: Yes, Mr.
Chairman.
|
THE CHAIRMAN: The pages will dis-
tribute amendment M.
Delegate Penniman.
DELEGATE PENNIMAN: Mr. Chair-
man, a matter of personal privilege.
THE CHAIRMAN: State the privilege.
DELEGATE PENNIMAN: I would like
this body to welcome here two very charm-
ing and intelligent students with whom I
had the opportunity to drive over from Sil-
ver Spring this morning. One is Debbie
Koss, daughter of Delegate Koss, and the
other is David Miller, son of Delegate Betty
Miller.
THE CHAIRMAN: Delighted to have
them with us.
Delegate Gallagher, did you desire to be
recognized?
(There was no response.)
THE CHAIRMAN: The amendment now
being distributed will be marked Amend-
ment No. 53. The Clerk will read the
amendment.
READING CLERK: Amendment No. 53
to accompany Minority Report JB-1 to
Committee Recommendation JB-1, by Dele-
gates Johnson, Harkness, Hickman, Kahl,
Murphy, Siewierski, Rush: On page 9 in
section 5.29 Administration of Judicial Sys-
tem strike out all of lines 21 through 36,
inclusive, and insert in lieu thereof the fol-
lowing: "The chief judge of the Court of
Appeals shall be the administrative head of
the judicial system. The governor shall des-
ignate one intermediate appellate court
judge, one superior court judge, and one
district court judge as the chief judges of
their respective courts to perform such
duties in connection with the administration
of the judicial system as are assigned them
by the chief judge of the Court of Appeals.
Each shall serve for the remainder of his
service on the Court, or until he resigns the
office of chief judge. Administrative judges
may be designated by the chief judge of the
Court of Appeals as prescribed by rule. The
Court of Appeals shall provide by rule for
the assignment of any judge to sit tem-
porarily in any court."
THE CHAIRMAN: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Johnson. Under the Debate Sched-
ule, there is ten minutes of controlled de-
bate allocated to Delegate Johnson, and ten
minutes to Delegate Mudd, ten minutes of
limited but uncontrolled debate. Delegate
Johnson.
|
