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in and change the rule and frustrate the
will of the people as it comes through their
legislature.
Also in another study that was prepared
by a grant of Columbia University, "Survey
of the Judicial System of Maryland", in
reference to the rule-making power of
Maryland it states: "Ordinarily, rules of
court administration and rules regulating
the legal profession are not dealt with by
constitutional provision", as I said before
the Court prohibits the parties. " — but left
to ordinary legislation and to the exercise
of inherent rule-making power by the courts
over matters of their own special concern.
Traditionally the courts are given free rein
over such matters as the hours for holding
court, the times for judges to take vaca-
tions, the records to be maintained, and so
forth. Nevertheless, there can be a public
interest in such matters, so that the legis-
lature should have some redress if courts
act unreasonably in this area. The same is
true of rules governing the legal profes-
sion. Since lawyers are not only officers of
the court, but also counsel to their clients,
it is not unreasonable that representatives
of the public in the legislature should have
something to say about what persons may
be admitted to practice, and what regula-
tions shall govern them."
This goes on to recommend the concur-
rent power in this particular section, but
the point that I am trying to get at is this :
that the rule-making power of the court
should not be superior to the actual legis-
lature and while practically speaking it has
not been a problem in the past, and I
would applaud the judges that we have in
the State of Maryland who have worked
these problems out with the legislature, and
I would expect that it would continue to
occur that way, that it would not be a
problem. But should it, then the legislature
could solve the problem at least for a period
of two years, and this would act as a re-
straint on the abuse of this rule-making
power.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman and
ladies and gentlemen of the Committee of
the Whole: I must rise in opposition to
this amendment. It seems to me that the
arguments advanced by the proponents are
really the arguments that suggest that his
amendment be rejected.
He has admitted that the concurrent
power in this area as heretofore exercised
by the legislature and the courts has
worked well. As a matter of fact, the infor-
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mation before our Committee is that it most
often works cooperatively, one to supple-
ment the other, or the rule to correct some
error in the law or the law to supplement
the rule in some respects.
We therefore feel that this amendment
which suggests a two-year lapse before
some such co-operative effort by the courts
in clarifying a law or providing a rule
which is necessary to supplement the law,
would be an unnecessary or unreasonable
restriction on the concurrent power and
which we feel could not help but in some
instances at least bring about a decision.
We, therefore, oppose the amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
Does any other delegate desire to speak in
opposition?
(There was no response.)
Are you ready for the question?
(Call for the question.)
THE CHAIRMAN: The Clerk will ring
the quorum bell. A vote Aye is a vote in
favor of the amendment; a vote No is a
vote against. Cast your votes.
The question arises on Amendment No.
56 to Committee Recommendation JB-1.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the votes.
There being 40 votes in the affirmative
and 87 in the negative, the motion is lost.
The amendment is rejected.
Are there any other amendments to sec-
tion 5.31? The Chair hears none.
There are several amendments pending to
add sections to the end of the article. The
Chair has hoped very much we would be
able to conclude consideration of Commit-
tee Recommendation JB-1 this morning but
I am afraid consideration of the remaining
amendments would consume certainly more
than a half-hour. The Chair therefore rec-
ognizes Delegate Powers.
DELEGATE POWERS: Mr. Chairman,
I move that the Committee of the Whole
rise and report to the Convention.
THE CHAIRMAN: The motion has been
seconded. All in favor signify by saying
Aye; opposed, No. The Ayes have it. It is
so ordered.
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