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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1203   View pdf image (33K)
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[Nov. 22] DEBATES 1203

an officer of the court under the present
court structure, will no longer be the situa-
tion, and I respectfully suggest that the
most convenient and efficient method for
this judicial arm of the judicial system to
operate is as a special deputy or in some
category under the clerk of court, more
closely assigned to the judicial branch. I
envision the register of wills of the future
to be almost identical with the trust clerk
that we now have in so many counties to
whom the duties of administering trust
estates is exclusively assigned.

I can assure you that my first opinion,
rejection of this amendment will not in any
way derogate the important functions now
performed by the register of wills and I
am confident that many of the present
registers of wills or their very competent
deputies will be continuing as part of the
clerk's office function under the overall
proposal that our majority has recom-
mended and I therefore urge you to vote
against the amendment.

THE CHAIRMAN: Is there any further
discussion?

Are you ready for the question?
(Call for the question.)

THE CHAIRMAN: The Clerk will ring
the quorum bell, please.

The question arises on the adoption of
Amendment 61 to Committee Recommenda-
tion JB-1; a vote Aye is a vote in favor of
the amendment ; a vote No is a vote against.

Cast your vote.

Has every delegate voted? Do any dele-
gates desire to change their vote?

The Clerk will record the vote. There
being 48 votes in the affirmative and 72 in
the negative, the motion fails and the
amendment is rejected.

The Chair is not advised of any other
amendments and this concludes the mat-
ters on the Debate Schedule.

The question now arises on the approval.
Will the Clerk please ring the quorum bell
again?

Delegate Johnson.

DELEGATE JOHNSON: Mr. Chair-
man, if the delegates would turn to section
5.21, "term of office of judge," that is on
page 6, Mr. Chairman, largely because of
the very moving speech yesterday by Dele-
gate Scanlan with respect to the monu-
mental proportions of this article wherein

he referred to it in effect being a kingly
article, I am wondering, Mr. Chairman, if
it would be in order to move to strike the
title of section 5.21 "term of office of
judge", and substitute in lieu thereof,
"length of reign."

(Applause.)

THE CHAIRMAN: The question arises
on the approval of Committee Recommen-
dation JB-1 as amended. A vote Aye is a
vote in favor of the approval of the rec-
ommendation as amended. A vote No is a
vote against.

Cast your votes.

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 96 votes in the affirmative
and 23 in the negative, Committee Recom-
mendation JB-1 is approved with amend-
ments.

The Chair thinks at this time to call
attention to the fact that this committee
recommendation has been under considera-
tion for nearly five days continuously, the
Chairman of the Committee and the staff
adviser and administrative assistant have
been obliged to be on the firing line con-
tinuously during that time.

The minority spokesman has been obliged
to be continuously on the firing- line during
that time for the presentation and consid-
eration of 6I amendments and the answer
of numerous inquiries.

I do not believe it would be possible for
any Convention assembled anywhere to
have presented to it in such fine fashion the
opposing points of view on an article as
important as the article comprising the
judicial branch as this Convention has
been privileged to hear.

I think the combined efforts of the Com-
mittee Chairman and of the minority, par-
ticularly the minority spokesman in work-
ing together to present reports that point
up the issues as sharply and clearly as
they have been pointed up to enable this
Convention to record its opinion so de-
cisively should be commended and I sug-
gest to you that it can only be properly
done by a rising vote of thanks at this time.

(The Committee of the Whole rose and
applauded.)

THE CHAIRMAN: I can add one per-
sonal word to that and I can assure you

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1203   View pdf image (33K)
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