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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2623   View pdf image (33K)
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[Dec. 19] DEBATES 2623

THE CHAIRMAN: Is there any other
discussion?

Delegate Bamberger.

DELEGATE BAMBERGER: I think the
discussion has pointed up a number of
problems and in response to Delegate
Smith, I think one of the points that is
made by Delegate Miller is that if the man,
if the officer has been tried for the crime,
which is the cause also for impeachment,
and has appealed that case to the Court of
Appeals, then while those judges certainly
would not also sit on the impeachment
panel, at least a majority of those judges
have the power to select the people who
will sit on the panel.

That, I must say, does bother me. The
fact that the judges of the Court of Ap-
peals who will have already heard evi-
dence and who may have already heard
evidence in a criminal trial of the case will
at least have the power to select those
judges who will sit on the judicial tri-
bunal. I rise again to speak in favor of
tradition and urge that we reject the com-
mittee's proposal and adopt the amend-
ment.

THE CHAIRMAN: Delegate Weide-
meyer.

DELEGATE WEIDEMEYER: Mr.
President, I rise to inquire from the Chair
whether there is any relief for the poor
delegate who wants to vote instead of
listening to debate?

(Laughter.)

THE CHAIRMAN: Are you ready for
the question?

(Call for the question.)
THE CHAIRMAN: Delegate Pullen.

DELEGATE PULLEN: Mr. Chairman,
as a member of the Committee, I would like
to support the Committee's proposal.

I have been sitting here tonight in a be-
nign good humor but with a considerable
degree of ennui except when Mr. Scanlan
joined the confederacy. I move to ask you,
on the privilege of thirty years' friendship,
upon what meat do these incarcerated
Caesers feed that they can ask questions ad
infinitum, ad nauseam, and I am limited to
two?

(Laughter and applause.)

THE CHAIRMAN: Are you ready for
the question?

(Call for the question.)

The Clerk will ring the quorum bell.

The question arises upon the adoption of
Amendment No. 1 to Committee Recom-
mendation GP-10.

A vote Aye is a vote in favor of Amend-
ment No. 1. 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 44 votes in the affirmative
and 76 in the negative, the motion is lost.
The amendment is rejected.

Delegate Grant, do you desire to offer
your amendment A?

DELEGATE GRANT: Yes, I do.

THE CHAIRMAN: Pages will please
distribute the amendment A. The amend-
ment offered this afternoon by Delegate
James to Committee Recommendation GP-8
has been distributed and it is Amendment
No. 7. It has already been acted upon.

This will be Amendment No. 2.
The Clerk will read the amendment.

READING CLERK: Amendment No. 2
to Committee Recommendation GP-10 by
Delegate Grant:

On page 1 of the recommendation follow-
ing line 25 add this new section :

"Section ——— Removal of Officers

Except as otherwise provided in this
Constitution, the General Assembly shall
provide by law for investigation of the
misconduct in office or incompetency of any
officer and, subject to judicial review, for
the removal for good cause of any officer
who is investigated, and for the appoint-
ment of a successor of the same political
party to fill the remainder of the term
of office of the removed officer."

THE CHAIRMAN: The amendment is
submitted by Delegate Grant, is there a
second?

THE PRESIDENT: The amendment
having been seconded, the Chair recognizes
Delegate Grant.

DELEGATE GRANT: The first thing I
want to do is to say what this amendment
does not do. It does not cover the situation
of the governor or the lieutenant governor



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2623   View pdf image (33K)
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