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mendation JB-1 as amended by Report
S&D-8. A vote Aye is a vote in favor of the
amendment. A vote No is a vote against.
Cast your votes.
(Whereupon, a roll call vote was taken.)
THE PRESIDENT: Has every delegate
voted? Does any delegate desire to change
his vote?
The Clerk will record the vote.
There being 88 votes in the affirmative
and 10 in the negative, the motion is car-
ried. The amendment is adopted.
That concludes consideration of all
amendments sponsored by fifteen or more
delegates.
We revert now to consideration of other
amendments. Are there any other amend-
ments to section 5.01?
The Chair hears none.
Delegate Kirkland, do you still desire to
offer your Amendment I?
Will the page please try to find Delegate
Kirkland?
Delegate Kirkland, do you still desire to
offer your Amendment I?
DELEGATE KIRKLAND: It is really
not of any use now.
THE PRESIDENT: Thank you, sir.
Delegate Johnson, do you still desire to
offer your Amendment J at this time?
DELEGATE JOHNSON: Yes, Mr. Pres-
ident.
THE PRESIDENT: Are there any other
amendments to Section 5.03? Section 5.04?
Section 5.05? Section 5.06? Section 5.07?
Section 5.08? Section 5.09? Section 5.10?
Section 5.11? Section 5.12? Section 5.13?
The Chair hears none.
The pages will please distribute Amend-
ment J, "J" for "jig".
I understand Amendment J was hereto-
fore distributed. This will be Amendment
No. 7.
The Clerk will read the amendment.
READING CLERK: Amendment No. 7
to Committee Recommendation JB-1 as
amended by Report S&D-8, by Delegates
Johnson and Jett:
On page 4, section 5.14, Eligibility for
Nomination and Appointment as Judge, in
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line 42 after the word "State" insert the
following: "for at least five years immedi-
ately preceding his nomination."
THE PRESIDENT: Amendment No. 7
is submitted by Delegate Johnson and sec-
onded by Delegate Jett.
The Chair recognizes Delegate Johnson.
DELEGATE JOHNSON: As a member
of the Judicial Branch Committee it was
my clear understanding that this was the
intention of our Committee. I double
checked with Chairman Mudd, and he con-
curs. You will recall that I asked Chair-
man Penniman 'whether or not the Com-
mittee on Style meant to maintain this
intent by the Judicial Branch Committee
and the Committee of the Whole, and he
concurred.
I ask that this amendment be adopted
because I believe that you will find, as
some of us have, that there is a possibility
of misunderstanding in its current drafting
form.
In other words, someone may misin-
terpret it or attempt to interpret it to read
that while an individual in order to be
eligible for the office of judge must have
been authorized to practice law in this
State for five years preceding his nomina-
tion, he need not be a citizen in the State
for five years immediately preceding his
nomination.
In order to make the intent of the Com-
mittee and the intent of the Committee of
the Whole perfectly clear, I urge the adop-
tion of this amendment.
THE PRESIDENT: Delegate Mudd.
DELEGATE MUDD: Mr. President and
ladies and gentlemen of the Convention :
Delegate Johnson has correctly stated
our intention, and we agree completely that
it is the intention of the Committee; and
we feel the intention and clear meaning of
section 5.14 as now drafted is that a judge,
to be eligible, is required to have been a
citizen of the State for at least five years
immediately preceding his nomination.
We feel, and I believe Delegate Penni-
man concurred, that the use of the word
"and" after "State" clearly indicates that
the proviso for five years immediately pre-
ceding his nomination is meant to include
resident as well as practice of law. We do
not oppose the amendment, except to say
that we feel it is unnecessary.
THE PRESIDENT: Delegate Penniman,
do you have a comment?
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