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(Whereupon, at 2:45 P.M., the Convention
resolved itself into a Committee of the
Whole.)
(The mace was removed by the Sergeant-
at-Arms.)
COMMITTEE OF THE WHOLE
DECEMBER 6, 1967—2:45 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE CHAIRMAN: We will resume con-
sideration of Committee Recommendation
SF-5. Section 6.05 is now open for amend-
ment. The pages will please distribute
amendment A. This will be marked Amend-
ment No. 1.
The Clerk will read the amendment.
READING CLERK: Amendment No. 1
to Committee Recommendation SF-5, by
Delegate Marion :
On page 2 section 6.05 Mandatory Ap-
propriations lines 23 and 24, strike out the
words "the chief judge of the Superior
Court" and insert in lieu thereof the fol-
lowing1: "that judge who shall be desig-
nated by the chief judge of the Court of
Appeals to certify the judicial branch
budget."
THE CHAIRMAN : Amendment No. 1 is
offered by Delegate Marion. Is there a sec-
ond?
(Whereupon, the motion was duly sec-
onded.)
THE CHAIRMAN: It is seconded by
Delegate Mudd.
For what purpose does Delegate Sherbow
rise?
DELEGATE SHERBOW: Mr. Chair-
man, if I may publicly poll our Committee,
we may accept this amendment. It is my
view that this amendment striking out the
words "the chief judge of the Superior
Court" and inserting "that judge who shall
be designated by the chief judge of the
Court of Appeals to certify the judicial
branch budget" means that there will be
a judge who will be required to certify and
testify. It does not require the chief judge
of the Court of Appeals to do so, but there
will be a judge, and it specifically sets out
some person.
Speaking for myself, I would accept the
amendment. I v/ould like to know through
the Chair if there are any members of our
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Committee who would object to accepting
it.
THE CHAIRMAN: Just a second.
Delegate Della.
DELEGATE DELLA: Mr. Chairman,
would Delegate Sherbow yield for a ques-
tion?
THE CHAIRMAN: Delegate Sherbow?
DELEGATE SHERBOW: Yes, indeed.
THE CHAIRMAN: Delegate Della.
DELEGATE DELLA: The chief judge
of the Supreme Bench has delegated those
authorities to the administrative agent of
the Supreme Bench to formulate the budg-
et and to regulate the schedule of judg-
ment. Now, are you compelling the chief
judge to attend this meeting?
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOW: No. What is
happening is that it is the state budget of
all of the courts which must be sent to the
governor and by him transmitted to the
legislature. The governor and the legisla-
ture have a right to know what is in it,
how it got in it; and somebody must be
designated who is responsible for it. It
would be unseemly to have the chief judge
of the Court of Appeals do it. At the same
time, it ought not to be delegated to some
officer who is not a judge of full and com-
plete stature and responsibility, and all
that this amendment purports to do is to
spot the person who must be a judge and
designated by the chief judge as the one to
go before both branches. At the same time,
he brings along with him the staff, whoever
has done the detail work.
THE CHAIRMAN: Are there any mem-
bers of the Committee on State Finance
and Taxation who object to the amend-
ment?
The Chair hears none.
Delegate Sherbow.
DELEGATE SHERBOW: Mr. Chair-
man, we accept this amendment and con-
sider it as proper.
THE CHAIRMAN: Is there any dis-
cussion?
(There was -no response.)
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
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