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Delegate Willoner.
DELEGATE WILLONER: This does not
spell out just what the jurisdiction of the
district court will be in this particular area.
Therefore, it is quite possible that the
legislature could, although it is unlikely,
establish that the most serious crimes could
be tried with a six-man jury. This is dan-
gerous unless it is more carefully drafted.
THE CHAIRMAN: Will Delegate Hender-
son yield the floor to answer a question by
Delegate Marion?
DELEGATE HENDERSON: I yield.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Is it your inten-
tion that if the General Assembly should
provide for a six-man jury at the district
court level that that provision would satisfy
the constitutional right spelled out in sec-
tion 5 (A) of the right to have a trial by
an impartial jury of twelve ?
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: Well, I think
since they are both part of the same section,
they have to be construed together.
This would satisfy that. In other words,
this is limited to the other courts and the
other rule applies to the upper courts. That
is the way I construe it.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: I guess my ques-
tion, stated a little broader or further,
would be whether this would satisfy that
requirement, or if the General Assembly
did provide for a six-man jury, that it
would require a waiver by the defendant of
the right to have a twelve man jury as
provided in the sentence before or could the
defendant only be tried by such a jury with
his consent?
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: It was not
my intention to make it depend on his con-
sent. Of course the legislature could pre-
scribe that, just as they give the right to
oust the jurisdiction of the court by electing
to go to higher court. If the legislature
saw fit to do that I suppose they could do
it, but I do not think it is required.
THE CHAIRMAN: Delegate Marion, the
Chair believes from Delegate Henderson's
answers to previous questions, that he in-
tended by his amendment to allow for the
General Assembly to provide for juries of
not more than six but required that such
verdict be unanimous.
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If so provided by the General Assembly
it could take the place of the requirement
of a jury of twelve, is that correct?
DELEGATE HENDERSON: That is cor-
rect.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: If the General
Assembly were to provide for a six-man
jury in the district court, would it be your
intention by this amendment to limit the
General Assembly in any way from either
allowing or denying a subsequent trial or
an appeal with a trial de novo before a
jury of twelve in the superior court?
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: No, I think
the legislature would be perfectly free to
allow that as they have in the past, if they
desire to do so, but I do not think it would
be necessary that they provide for a jury
trial at the lower level.
THE CHAIRMAN: Before putting the
question, the Chair is disturbed by the
statement made by Delegate Rybczynski in
the course of debate which has not been
challenged by any other speaker.
The Chair believes that the implication of
Delegate Rybczynski's comment was that
the legislature would not have the power to
provide a jury in the district court and as
the Chair recalls the provisions of Com-
mittee Recommendation JB-1, approved by
the Committee of the Whole, the legislature
would have the power to prescribe trial by
jury in the district court.
I would like to ask the Chairman of the
Committee whether it is intended by the
provisions of section 5 (A) in any way to
circumscribe the power of the legislature
under the Committee Recommendation JB-1
with respect to the jurisdiction of the dis-
trict court?
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
the matter has not been considered on any
kind of a basis because all we are doing in
this Recommendation is to assure a jury
trial.
Now, in the present situation, there is a
provision that in any magistrate's court —
perhaps the district court would supercede
with what in effect may be a larger juris-
diction — if a person is brought before the
magistrate, he must give the accused an
opportunity to ask for a jury trial, and
if he asks for it, the matter is referred to
the superior court.
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