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problem. A retired judge may be called to
active service and to sit on the bench by
the Court of Appeals or by the chief judge
with the approval of the majority of the
Court of Appeals. I just cannot imagine
that the chief judge of the Court of Ap-
peals would call to active service a judge
who at that time also held some public
office.
Rather than trying to take care of that
explicitly, I would leave its fate to the
Court of Appeals.
THE PRESIDENT: Delegate Dulany.
DELEGATE DULANY: I just wanted
to point out that the situation did exist.
THE PRESIDENT: Delegate Grant.
DELEGATE GRANT: I have a question
of the sponsor.
THE PRESIDENT: Delegate Bam-
berger, do you yield for a question?
DELEGATE BAMBERGER: Yes.
THE PRESIDENT: Delegate Grant.
DELEGATE GRANT: Would you hold
it within the realm of possibility that if a
judge did occupy such an office, but would
forego his salary in the office he could then
be classed as in an office not for profit?
THE PRESIDENT: Delegate Bamberger.
DELEGATE BAMBERGER: I think the
definition goes to the office, and if it is an
office of profit and he holds it, he loses his
pension, even if he would foresake the
compensation of that public office.
If I may respond further to Delegate
Dulany's question, you have the same prob-
lem with respect to a retired judge who
might be engaging in the practice of law.
There is nothing in here that prohibits the
Court of Appeals from calling him to active
service. I am certain it would not happen,
but it is possible.
THE PRESIDENT: Are there any other
questions of the sponsor?
Delegate Wagandt.
DELEGATE WAGANDT: Delegate
Bamberger, would you yield to a question?
DELEGATE BAMBERGER: Yes.
THE PRESIDENT: Delegate Wagandt.
DELEGATE WAGANDT: By this pro-
posal you would also permit a retired judge
to run for an elective party office?
THE PRESIDENT: Delegate Bamberger.
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DELEGATE BAMBERGER: I do not
think an elective party office is an office
of profit. I do not think there is any com-
pensation connected with that.
THE PRESIDENT: Delegate Wagandt.
DELEGATE WAGANDT: You are cor-
rect there. But it would permit a retired
judge to engage in partisan political
activity.
THE PRESIDENT: Delegate Bamberger.
DELEGATE BAMBERGER: It would
permit a retired judge to engage in parti-
san political activity with the knowledge
that if he was successful and was elected
to a public office of profit that he would then
lose his pension. It is just directed at get-
ting away from the dual compensation;
and the inconsistency, it seems to me, is
that we have no prohibition against a re-
tired judge engaging in all kinds of busi-
ness activities.
I do not think he ought to be restricted
from engaging in public activities unless
there is the factor of dual compensation.
THE PRESIDENT: Delegate Wagandt.
DELEGATE WAGANDT: In other
words, Delegate Bamberger, you feel it
would be perfectly appropriate for a re-
tired judge to, say, serve as chairman of
the Republican City Committee?
THE PRESIDENT: Delegate Bamberger.
DELEGATE BAMBERGER: I do not
see why he could not do that under this
section.
THE PRESIDENT: Delegate Grant, did
you have a further question?
DELEGATE GRANT: Just one further
clarifying question.
By "public office of trust" or "of profit",
you do not intend to include court appoint-
ments such as receiverships, guardianships,
and so forth?
DELEGATE BAMBERGER: I am sorry,
I cannot respond to that question. I am not
sure that they are public offices of profit.
THE PRESIDENT: Delegate Grant.
DELEGATE GRANT: Well, it is a ques-
tion, of course, of whether he is practicing
law. It is not your intention that the defini-
tion of "office of trust" would include such
positions?
THE PRESIDENT: Delegate Bamberger.
DELEGATE BAMBERGER: No, it is
not.
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