|
of Delegate Boyles and Delegate Case and
Delegate Clagett, I am not clear on what
the Committee's intention is now with re-
spect to eligibility.
Delegate Case referred to comparable
provisions with respect to the eligibility for
judge and in that section there is a re-
quirement that a person shall have been a
citizen of the State and, in effect, shall have
been a member of the bar for five years
immediately prior to nomination.
But as I understand your answers to
Delegates Case and Clagett, there was a
different answer with respect to that on
both occasions.
Would it be fair to say that is the inten-
tion of the Committee that the language
in the first section on on page 1 of the
Recommendation EB-2 would read com-
parably to that in the judicial article?
DELEGATE MORGAN: I am sorry,
Delegate Marion, I did not get the last part
of the question. I was conferring with our
staff advisor.
THE CHAIRMAN: Would you restate
the question?
DELEGATE MARION: Yes.
My question in substance is based on
your response to Delegate Case. Would it
be fair to interpret the sentence beginning
on line 10 on page 1 of your recommenda-
tion, to be eligible for election as attorney
general a person shall have been a citizen
of the State and a member of the bar of
the state for five years immediately prior
to his election, thereby making that con-
sistent as Delegate Case suggested to simi-
lar language for eligibility as a judge?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: You are cor-
rect, certainly this is probably a problem
for Style and Drafting. I do not think there
was any significance to be attached to the
difference between must be and shall have
been —
THE CHAIRMAN: In order that the
Chair may paraphrase the question, I think
he is asking you whether it is the intention
to require on the first section on page 1
that to be eligible for attorney general a
person must have been a citizen for five
years and must have been a member of the
bar of the State for five years, or whether
he could have been a citizen for one month
if he had been a member of the bar of the
State for five years.
DELEGATE MORGAN: I think that he
must have been a citizen and also a member
|
of the bar for five years and this language,
I am advised, really tracks the language
in the judicial article. As to the judicial
article, I will refer questions to Chairman
Mudd, but I think it requires that a judge
be a citizen for five years and also a mem-
ber of the bar for five years.
THE CHAIRMAN: The Chairman of
the Committee on Style will make a note
that the sentence beginning on line 9A
intended to require that a person to be
eligible for election as attorney general
must be a citizen of the State and a mem-
ber of the bar of the State for at least five
years.
Do you have any further question, Dele-
gate Marion?
DELEGATE MARION: There is not the
same eligibility requirement for attorney
general that the executive branch has rec-
ommended with respect to the offices of
governor, lieutenant governor and comp-
troller, in each of which the operative lan-
guage is that one must be of the age of 30
years and a qualified voter of the State, I
think, for five years?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: The language
in the committee recommendation is mod-
eled after the language in the judicial ar-
ticle, rather than the article dealing with
the governor and the comptroller.
THE CHAIRMAN: I think Delegate
Marion's specific question is whether or
not there is any requirement on the first
section on page 1 as to minimum age and
as to a person being a qualified voter in
order to be eligible for election.
DELEGATE MORGAN: There is not
THE CHAIRMAN: Are there any fur-
ther questions?
Delegate Marion?
DELEGATE MARION: Yes.
As I understand what you responded to
Delegate Grant, it is not the intention of
the Committee to require that a vacancy
which is filled in the office of the attorney
general by the governor be filled by a per-
son who meets the same eligibility require-
ments as a person would have to meet were
he to be elected as attorney general?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: The eligibility
requirements in the provisions of the com-
mittee recommendation refer only to an
|
