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THE PRESIDENT: Delegate Cardin, do
you have a question?
DELEGATE CARDIN: Yes, please.
THE PRESIDENT: Delegate Bamberger,
do you yield to a question?
DELEGATE BAMBERGER: Yes.
THE PRESIDENT: Delegate Cardin.
DELEGATE CARDIN: Would you in-
terpret the words "seeking public office" as
far as a retired judge is concerned. Would
that prevent a retired judge from running
for the next constitutional convention?
THE PRESIDENT: Delegate Bamberger.
DELEGATE BAMBERGER: I think that
has been held not to be an office of profit.
The Chair is more familiar with that than I.
THE PRESIDENT: That is correct, un-
der the existing Constitution, at least.
Delegate Cardin.
DELEGATE CARDIN: I am referring
to the words "seeking public elective office."
DELEGATE BAMBERGER: As section
5.25 is now written, I understand it would
prohibit a retired judge from seeking elec-
tion to another constitutional convention
because that is a public elective office.
THE PRESIDENT: Are there any other
questions?
Delegate Bennett.
DELEGATE BENNETT: Could a re-
tired judge serve on a nominating commis-
sion for judges?
THE PRESIDENT: The Chair would
point out some of these questions, at least,
are not directed to Delegate Bamberger's
amendment. They may be properly directed
to the basic Amendment No. 5.
Can you answer the question, Delegate
Bamberger?
DELEGATE BAMBERGER: I can an-
swer it by saying that if my amendment is
adopted, it would not prohibit a retired
judge from serving on such a commission,
because it is not a public office of profit, as
I understand the term.
THE PRESIDENT: Are there any other
questions of the sponsor of the amend-
ment? Is there any further discussion?
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment 5A. This is not a vote on
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Amendment No. 5. The question is on the
adoption of Amendment 5A as a substitute
for Amendment No. 5.
A vote Aye is a vote in favor of Amend-
ment 5A as a substitute for Amendment
No. 5. A vote No is a vote against.
For what purpose does Delegate Mac-
donald rise?
DELEGATE MACDONALD: A parlia-
mentary inquiry, sir.
THE PRESIDENT: State the inquiry.
DELEGATE MACDONALD: Did the
Chairman of the Committee express him-
self on this amendment?
THE PRESIDENT: I believe so, but
maybe I am wrong.
Delegate Mudd.
DELEGATE MUDD: I do not think you
offered me an opportunity, Mr. President.
THE PRESIDENT: I am sorry, sir.
You have the opportunity now.
DELEGATE MUDD: Very frankly, la-
dies and gentlemen of the Convention, this
exact amendment proposed now as a substi-
tute was the first idea that the members
of the Committee on the Judicial Branch
had as to the amendment to this section. I
did circulate a memo to receive fifteen
delegates to support the amendment in the
form that Delegate Bamberger now pro-
poses, and I could not receive the fifteen
sponsors. I could receive the fifteen spon-
sors within the Committee for the amend-
ment in the form that it has been proposed
and is now identified as Amendment No. 5.
The majority of the sponsors of Amend-
ment No. 5 desire to discourage retired
judges from seeking office and engaging in
political activities. Amendment No. 5 was
to restrict the retired judges in that re-
spect, and not allow them to seek public
office while receiving retirement pay which
is, of course, an emolument for their serv-
ices on the bench.
The sponsors of Amendment No. 5 would,
therefore, ask you to vote against the sub-
stitute proposed by Delegate Bamberger.
THE PRESIDENT: Are you ready for
the question?
Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman,
as I understand the comments of the Chair-
man of the Judiciary Committee, it would
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