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Court line 49 add after the word "court"
add the words "in each county" and strike
the words "governed by rule" and insert
the words "prescribed by law".
Is that correct, Delegate Johnson?
DELEGATE JOHNSON: That is cor-
rect.
THE CHAIRMAN: Is there any objec-
tion? There being no objection, the amend-
ment is so modified.
The Chair recognizes Delegate Johnson
for ten minutes of controlled debate.
DELEGATE JOHNSON: Mr. Chairman,
fellow delegates, I will not need the ten
minutes of controlled debate.
We believe that the majority was en-
tirely correct in providing that clerks on
the superior court level shall be selected in
a manner prescribed by law.
For the sake of consistency, for the sake
of removing our judges from the task of
providing for hiring and firing district
court clerks, to save our judges the em-
barrassment of being accused of delving
into politics, to prevent suits, charges and
counter-charges concerning disgruntled ap-
plicants and clerks who were dismissed, we
urge that this entire matter of clerkship
be left in the hands of the legislature.
It is without a doubt a non-judicial func-
tion, and it is one where we are quite cer-
tain will create problems untold in our
judicial system if we permit or if we make
the great judges in Maryland appoint
clerks on the District Court level.
It is properly a legislative matter. It is
as clear as a bell to the members of the
minority. We can only hope that the Com-
mittee of the Whole will agree.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman,
may I yield three minutes of my controlled
time on this amendment to Delegate John
Hargrove.
THE CHAIRMAN: To whom?
DELEGATE MUDD: Delegate Har-
grove.
THE CHAIRMAN: Delegate Hargrove.
DELEGATE HARGROVE: Mr. Chair-
man, we have just recently put together a
four-tier court system calling for new ad-
ministration from top to bottom. I would
like to first say that the report of the
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majority is a compromise. The Convention
should know that there was a stalemate on
whether or not clerks should be elected or
appointed by the court and the majority
opinion is a compromise.
However, I would like to point out to
you certain things. It is suggested to you
that the judges should be removed from
the task of appointing clerks and also of
hiring clerks. I think the Convention knows
what the courts do today.
I would first point out that every clerk
except possibly one that I know of in Bal-
timore City was appointed by the supreme
bench in the Baltimore City district. This
is a function given to the judge as a part
of our present Constitution.
Also, our present Constitution provides
for the judge to have visitorial rights in
all clerks' offices to give the courts com-
plete responsibility for that office including
the authorization of the appointment of
deputy clerks and other persons to ad-
minister the duies of the office, so we are
not really giving the judges much more
than they have at the present time.
I would like to next go to the lowest
court level, but you remarked that the ap-
pointment of clerks at the lower level is a
function of the legislature. It does not bear
a test of our constitutional history. I will
point out that the Constitution of Mary-
land providing particularly for the lowest
court system, the people's court of Balti-
more City, for example specifically does
give to the judges the power to appoint
clerks.
The municipal court, which was created
just a few years ago, also provides that the
judges appoint the chief clerk of that par-
ticular court.
In all of the recently-created people's
courts in the state of Maryland, this func-
tion is either exercised by the court itself or
in conjunction with the county council as
it is in Montgomery County.
I would therefore point out to you, that
the trend, particularly in the lower court,
is away from the legislature making ap-
pointments, but in the hands of the court
which has the job of administering the
court itself which includes the day to day
functioning of a clerk's office.
I request that the amendment should be
turned down.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman,
may I yield to Delegate Marvin Smith.
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