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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1160   View pdf image (33K)
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1160 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 22]

THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: Delegate Mudd,
can you tell us in what other state this
system is used and what experience has
been gathered from that?

THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: I do not have the
figures in front of me on that. Just a min-
ute. May I check?

I am informed we have no figures on
that. It is the basic concept of our recom-
mendation that whoever has the responsi-
bility must have the power to obtain those
assistants who will be most helpful in the
function to be served.

THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: May I also ask
if you can explain to me what the federal
system is in appointing the chief judges in
the various tiers, or how they arrive at
their position?

THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: I do not know
how that is accomplished.

THE CHAIRMAN: The Chair can an-
swer that. At the circuit court of appeals
level and the district court level, there is
no chief judge appointed. The senior judge
becomes acting chief judge, Delegate
Cardin.

DELEGATE CARDIN: I am only try-
ing to relate this to some other area. I
would like to know actually whether we
are innovating this in Maryland, or
whether we are borrowing on some other
experience. This is my problem. Is there
any court in which this system applies?

THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: I would yield to
Delegate James.

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: If I am not mis-
taken, this is comparable to the Jersey
system, where they have an up-and-down
straight line system of administration. It
has been in effect there for some years.

THE CHAIRMAN: The Chair would
concur in that comment of Delegate James.
I think it was put into effect by Justice
Vanderbilt.

DELEGATE MUDD: Thank you, Dele-
gate James.

THE CHAIRMAN: Are there any other
delegates desiring to speak in favor of the

amendment? Any delegates desire to speak
in opposition to the amendment? Delegate
Henderson.

DELEGATE HENDERSON: I hope I
am not violating the rule by speaking twice
on the same matter, but I thought it might
be helpful to just run over very briefly the
existing rule of the Court of Appeals, to
give you some idea of what kind of duties
an administrative judge is supposed to per-
form. In this rule, assignment and reas-
signment of any judges to sit in any spe-
cific case or cases for any specific system,
as the business may require; assignment
of cases for trial or hearing; designation
of days when the judges sit; preparation
of the budget; ordering and purchase of
all equipment and supplies, and for the
court and its ancillary services such as
magistrates, auditors, court stenographers,
jury commissioners, staff of the medical
and probation officers, including all court
personnel other than the personnel com-
prising the clerks of office; supervision and
responsibility for the employment, dis-
charge and classification of all court per-
sonnel, and his ancillary services, and so on.

It is a big job, and a big administrative
job that we have in mind here.

THE CHAIRMAN: Delegate Henderson,
the Chair was not clear on what you said
at the beginning of your statement. What
you were reading were the administrative
duties of the present chief judge under the
present constitution or under the contem-
plated one?

DELEGATE HENDERSON: I am quot-
ing from the present rule of the Court of
Appeals of Maryland outlining the duties
of an administrative judge.

THE CHAIRMAN: Under the present
Constitution?

DELEGATE HENDERSON: Under the
present Constitution.

THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: I wonder if
Delegate Henderson would yield to a
question.

THE CHAIRMAN: Delegate Henderson,
do you yield to a question?

DELEGATE HENDERSON: Yes.
THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: Would you ex-
plain to me how, if in any way, the respon-
sibilities of chief judge would differ if the
governor appointed the other chief judges.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1160   View pdf image (33K)
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