|
compromise. It is a right that the citizens
of Maryland have had since the beginning
of the founding of this State", practically,
and certainly since the beginning of con-
stitutional law in this State. I sincerely
urge you to adopt this amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?
Delegate Sherbow.
DELEGATE SHERBOW: Ladies and
gentlemen, I urge you to vote against this
amendment. All I can say is they now put
in the right of removal in equity cases,
which as a practical, and I emphasize practi-
cal matter, is not done today.
If you have ever been in any court on
the days when there are matters affecting
domestic relations, divorces, support, mat-
ters like that, it is one of the saddest areas
of anybody's experience, and this amend-
ment would make a shambles of it because
a husband with money can provide for a
removal and a wife who is anxious to force
her husband to pay extraordinary additional
expenses can force a removal. What you
are doing here is making sure that the
orderly processes of government insofar as
the judiciary is concerned, will be extended
to provide one more area for delay.
This is not right, and I urge you to vote
against this amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment? Delegate Weidemeyer, do you yield
to a question from Delegate Mason?
DELEGATE WEIDEMEYER: Yes.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: Delegate Weide-
meyer, at line 9, do the words "shall be re-
moved" mean removal to another court
within the county or removal to a court
outside the county?
THE CHAIRMAN: Delegate Weidemeyer.
DELEGATE WEIDEMEYER: We left
the word "to another county" out because
it could be removed to another county or as
in Baltimore City where there are twelve
courts, they could remove it to one of the
other courts right in Baltimore City. If a
person felt he could not have a fair and
impartial trial before a certain judge, he
could file an affidavit and under this we felt
he could move it right to another court
within the same jurisdiction.
THE CHAIRMAN: For what purpose
does Delegate Sherbow rise?
|
DELEGATE SHERBOW: Will Delegate
Weidemeyer yield to another question ?
THE CHAIRMAN: Will Delegate Weide-
meyer yield to another question?
DELEGATE WEIDEMEYER: Yes.
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOW: Is it not true
under our procedure that there will be only
one superior court in Baltimore City? If
you want to provide what you are talking
about, would it not require that there be
the right of removal from a judge, or from
a jury? We will only have the superior
court and we will only have the district
court, so would what you seek then not
occur under those circumstances ?
THE CHAIRMAN: Delegate Weidemeyer.
DELEGATE WEIDEMEYER: Still it is
true you have ten or twelve or more judges
up there and it could well be removed under
this language, we feel, to another judge
right in that same superior court.
Now if it is a question of not being able
to get a fair and impartial trial in that
jurisdiction, of course, then, I would think
that the judge or the attorney would ask
for it to be removed from Baltimore City
to another county. If the atmosphere were
so hostile on a particular issue in Baltimore
City that the case could not be removed
satisfactorily to another judge in Baltimore
City, of course, this language is broad
enough to allow him to remove to another
county.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?
Delegate Marvin Anderson, do you desire
to speak in opposition ?
DELEGATE ANDERSON: I desire to ask
Delegate Weidemeyer whether he will ac-
cept an amendment.
THE CHAIRMAN: State the amendment.
DELEGATE ANDERSON: Eliminating
the word, "equity" and —
THE CHAIRMAN: What line, Delegate
Anderson, line 9?
DELEGATE ANDERSON: On line 9,
eliminate the word "equity" and in line 15
make it read, "this right shall not apply to
condemnation cases, equity cases, or divorce
cases."
THE CHAIRMAN: Delegate Anderson,
would you need divorce cases if you said
equity cases?
DELEGATE ANDERSON: Well, prob-
ably not. They keep them on a separate
|
