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THE PRESIDENT: Is there any objec-
tion to modifying the amendment by strik-
ing lines 7 and 8? Is there an objection?
Delegate Weidemeyer.
DELEGATE WEIDEMEYER: I am
wondering if you would not have to strike
line 5, also, to be consistent.
THE PRESIDENT: That has already
been stricken.
There is no objection to striking lines 7
and 8. The amendment will be considered
as modified by striking those two lines.
This leaves the amendment consisting
only of lines 1, 2 and 3.
Delegate Chabot, did you have a further
question, or has your question been
answered?
Delegate Macdonald, did you have a fur-
ther question?
Delegate Bamberger, did you have a
further question?
Are there any other questions of the
sponsor?
Delegate Bamberger, the amendment
which you have sent to the Chair I think
would be proper now to be offered as a
substitute for Amendment No. 5, if you
desire to do so.
DELEGATE BAMBERGER: I will offer
it, then, Mr. President.
THE PRESIDENT: The pages will dis-
tribute Amendment L — "L" for "lonely".
This will be Amendment 5A, as a substi-
tute for Amendment No. 5.
The Clerk will read the amendment.
READING CLERK: Amendment 5A, as
a substitute for Amendment 5, as amended
by Report S&D-8, to Committee Recom-
mendation JB-1 by Delegates Bamberger
and Gilchrist:
On page 8, section 5.25, Restriction of
Non-Judicial Activities, in line 36 strike
out the words "seeking elective office or".
THE PRESIDENT: The amendment is
submitted by Delegate Bamberger and sec-
onded by Delegate Gilchrist.
The Chair recognizes Delegate Bam-
berger.
DELEGATE BAMBERGER: I want to
point out that in the first part of section
5.25 we are talking about the conduct of
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a judge on the bench, and I certainly have
no quarrel with the fact that while a man
is serving as a judge on the bench he
should not seek any elective office. But in
the last part of section 5.25 we are not
talking about a judge who is actively sit-
ting on the bench ; we are talking about a
retired judge. As this is now written and
as proposed to be amended by Amendment
No. 5, it would prohibit a retired judge, at
the loss of his pension, from, for instance,
being a candidate for a school board.
Now, that is an elective office. I do not
think it is an office of profit, but the pro-
hibition goes against seeking any elective
office.
It seems to me that the problem to which
we should be addressing ourselves is essen-
tially one of dual compensation, that no
man who has served on the bench and is
receiving a pension from the State by vir-
tue of that service should also hold some
public office for which he is compensated,
that is, a public office of profit.
The amendment marked L would strike
the words "seeking elective office," so that
that sentence would read : "No retired
judge while practicing law or holding any
public office of profit shall be paid any
pension for his judicial service."
There is, of course, no prohibition against
a retired judge engaging in any kind of
business activity. It seems to me that what
we ought to get at is the double compensa-
tion aspect, that a man who is receiving a
pension for judicial service should not also
hold a public office for which he is com-
pensated by the State. This amendment
would do that by saying that he loses his
pension if he practices law or if he holds
a public office for profit.
THE PRESIDENT: Are there any ques-
tions of the sponsor of Amendment 5A?
Delegate Dulany.
DELEGATE DULANY: Will the spon-
sor yield to a question?
DELEGATE BAMBERGER: Yes, sir.
THE PRESIDENT: Delegate Dulany.
DELEGATE DULANY: You understand
that a retired judge can perform judicial
services so that he could, under your
amendment, be sitting as a judge and also
participating, is that correct?
THE PRESIDENT: Delegate Bamberger.
DELEGATE BAMBERGER: That is
possible, but most unlikely. I realize that
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