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legislature will determine the method of
selection of the clerk. Do you think that
there is the slightest chance that the legis-
lature will provide that this person be se-
lected under the merit system?
THE CHAIRMAN: Delegate Dulany.
DELEGATE DULANY: Yes, I am a
former member of the legislature and I
have confidence in the legislature. It is pos-
sible that the legislature could come up
with the exact proposal that I am recom-
mending.
Since we have all the other clerks in
the constitution and the method of selection
specified, this should be specified. I do not
think we ought to make an exception of the
superior court here.
THE CHAIRMAN: Are there any fur-
ther questions of the minority spokesman?
If not, we will ask him to return to his
desk and take up the amendment.
Pages will please distribute amendment
X. This will be Amendment No. 55.
The Clerk will read Amendment No. 55
to accompany Minority Report No. JB-1
(B) to Committee Recommendation No.
JB-1, by Delegates Dulany, Bradshaw,
Hargrove, and Marion.
READING CLERK: Amendment No. 55
to Accompany Minority Report JB-1 (B)
to Committee Recommendation JB-1, by
Delegates Dulany, Bradshaw, Hargrove,
and Marion: On page 9 section 5.30 Clerks
of Court strike out all of the last two sen-
tences in the section on lines 46 through 49
^\. and insert in lieu thereof the following:
"The clerk of the Superior Court in each
county and the clerk of the District Court
in each county shall be appointed in the
manner and for the term prescribed by
rule to perform those judicial functions and
administrative duties with respect to their
courts as are prescribed by rule."
THE CHAIRMAN: The amendment hav-
ing been seconded the Chair recognizes
Delegate Dulany to speak to the amend-
ment.
DELEGATE DULANY: I would like to
yield three minutes to Delegate Marvin
Smith.
THE CHAIRMAN: Delegate Smith.
DELEGATE M. SMITH: I have searched
my soul as much on this as anything be-
fore the commission. Although I voted
against this proposition in the Committee,
I rise to support it. I might say, sir, in my
talks with at least one or two clerks, I
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found that many of their fears were al-
layed when they found out about the transi-
tory provisions here. I would like to quote
to you from a letter that I received from
a long-time chief deputy clerk who is no
longer a chief deputy clerk, having re-
signed.
And he said, "It would seem to me that
the reward which competence in office
should merit would eventually result in the
steady progress of the employee in the
clerk's office from the position of least re-
sponsibility to that of highest eminence.
"The office of the clerk of the circuit
court is far too important to be subject to
the realm of politics and the demands of
politicians. The clerk has been termed the
hand of the court and when the head is not
in a position to control the hand a most
dangerous situation can develop.
"From sad personal experience I know
that the appointment and retention of ex-
perienced deputies should be the preroga-
tive of the court and this can best be given
effect by making the clerk appointive by
the court at its pleasure.
"You will recall that I served as chief
deputy clerk from January 10, 1927, or
shortly thereafter, until February 17, 1960
when I resigned. In other counties I served
when competent deputies had been dis-
charged by political clerks. I also served in
Kent and Queen Annes Counties when ill-
ness made this necessary. Twice, in 1938
and again in 1942, I was only retained in
office through the insistence of the court
that my services were necessary to the
proper conduct of the office and following,
in each instance, the rejection by the judges
of the nomination by the clerk of totally
unqualified persons."
THE CHAIRMAN: The Chair recog-
nizes Delegate Mudd.
DELEGATE MUDD: Mr. Chairman and
ladies and gentlemen of the Committee of
the Whole: I rise to speak in opposition
to the amendment. As indicated by Delegate
Dulany in presenting his Minority Report,
this matter has been discussed in great
length in our Committee and after a pro-
tracted hearing with the representatives of
the Clerk of the Courts Association, the
clerks serving the state so well.
We would leave this to the legislature as
prescribed by law and we think that it can
be adequately worked out in this manner.
We did discuss at some length the idea of
dividing the responsibilities of the clerk of
the court as now constituted.
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