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cause they felt they were merely fact cases
that did not add anything to the lexicon of
Maryland law.
Complaints were lodged with the court,
and just as the sponsor of this amendment
has suggested, the state's attorney of Bal-
timore City got all of the opinions, the
attorney general got all of the opinions
and there were some people who came be-
fore that court who felt that they were at
a disadvantage. When this point was made
known to the court of special appeals, they
adopted a rule whereby all of the opinions
of that court, I am told, will be published
in the future. This seems to indicate to me
that the matter can be brought to the at-
tention of the court, and that it can be cor-
rected by rule.
THE CHAIRMAN : Is there any further
discussion? Delegate Stern?
DELEGATE STERN: I would like to
comment on Mr. Case's remarks, that in
his presentation to the bar association, of
which he was then chairman, it states that,
under section G, the judge of the Court of
Appeals should be required to write an
opinion in every case and present it to the
court and such opinion should be published.
If this is what Mr. Case presented, we
have heard from him and from others that
this same thing was brought before the bar
association and voted on unanimously at
the time. However, it is the same language
as he presented there then. It is the written
fact also. We are not just talking publica-
tion, but this amendment also goes back to
1851, in the Constitution, mandating the
court to have written opinions on every-
thing they state. Obviously to date the
rules have been inadequate. The court now
realizes and is making changes slowly. We
still have sufficient flexibility in this amend-
ment for the court to do what they wish as
to publication, or mandating the written
opinion and I urge you to vote for it.
THE CHAIRMAN: Is there further dis-
cussion? Delegate Byrnes?
DELEGATE BYRNES: Mr. Chairman,
I would like to direct a question to Dele-
gate Stern.
THE CHAIRMAN: Delegate Stern, do
you yield to a question?
DELEGATE STERN: Certainly.
THE CHAIRMAN: Delegate Byrnes.
DELEGATE BYRNES: Just in response
to your last comment, he said that the man-
date goes to the first sentence but not to
the second and the first sentence reads,
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"they shall file their written opinion in
every case. They also shall provide for pub-
lication of such opinion."
I would imagine such means the written
opinion in every case. I am not sure they
have the flexibility that you suggest.
THE CHAIRMAN: What is your ques-
tion, Delegate Byrnes?
DELEGATE BYRNES: Do they have
the flexibility you suggest?
THE CHAIRMAN: Delegate Stern.
DELEGATE STERN: Yes, they do.
Publication can be what they do now;
simply reduce to writing and leave it in
their office. This was a form of publication.
Publication can also mean putting in re-
ports which they may do. It is still there.
THE CHAIRMAN : Is there any further
debate? Are you ready for the question?
The question arises on the adoption of
Amendment No. 58. 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 vote.
(Whereupon, a roll call vote was taken.)
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 49 votes in the affirmative
and 69 in the negative, the motion fails and
the amendment is rejected.
The Chair has no other amendments to
add to sections after 5.31. This concludes
consideration of Part 3 under the debate
schedule.
Delegate Weidemeyer, do you desire to
offer amendment DT?
DELEGATE WEIDEMEYER: I do, Mr.
President.
THE CHAIRMAN: The pages will dis-
tribute the amendment DT. This will be
Amendment No. 59. The Clerk will read the
amendment.
READING CLERK: Amendment No. 59,
to Committee Recommendation JB-1, by
Delegates Weidemeyer, Ritter, Rybczynski
and Rush: On page 9 section 5.29 Ad-
ministration of Judicial System line 36
after the word "rule" insert the following:
"except that a district court judge may not
be assigned to sit in an appellate court".
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