|
A vote Aye is a vote in favor of the
second part of Amendment No. 9. A vote
No is a vote against.
Delegate Beatrice Miller.
DELEGATE B. MILLER: Mr. Chair-
man, I asked for a division of the question
because I feel that there are basically two
different considerations here. I would agree
with the majority who voted that a mem-
ber of the commission should not become a
judge, but I do not think that we can or
should expect a member of the commission
who would be a valuable and respected
member of the community from assuming
other duties or participating in other forms
of government, and I would urge that we
vote for this amendment.
THE PRESIDENT: 'Any further dis-
cussion? Are you ready for the question?
(Call for the question.)
The question arises on the second part
of Amendment No. 9 to put a period after
the word "commission", in line 4, delete the
remainder of lines 4 and all of lines 5 and
6. A vote Aye is a vote in favor of this
deletion, and a vote No is a vote against.
Cast your vote.
Delegate Kosakowski, you may announce
your vote.
DELEGATE KOSAKOWSKI: I would
like to vote No.
THE PRESIDENT: Has every delegate
voted?
Delegate James Clark.
DELEGATE J. CLARK: No.
THE PRESIDENT: Has every delegate
voted?
Does any delegate desire to change his
vote?
The Clerk will record the vote.
There being 47 votes in the affirmative
and 66 in the negative — 47 votes in the
affirmative and 68 votes in the negative,
the amendment is likewise rejected.
Are there any further amendments to
section 5.20? The Chair hears none.
Are there any amendments to section
5.21? The Chair hears none.
Are there any amendments to section
5.22?
Delegate Bamberger, do you desire to
offer your amendment H?
|
DELEGATE BAMBERGER: Yes.
THE PRESIDENT: Pages will please
distribute Amendment H. H for Harry.
The Clerk will read the amendment. This
will be Amendment No. 10.
READING CLERK: Amendment No. 10
to Committee Recommendation JB-1 as
amended by Report S&D-8, by Delegate
Bamberger: On page 7, section 5.22, Ju-
dicial Term of Office, in lines 33 through
41, inclusive, strike out beginning with the
words "The Court of" in line 33 down to
and including the words "of the poll." in
line 41.
THE PRESIDENT: The amendment
having been submitted by Delegate Bam-
berger, is there a second?
DELEGATE BENNETT: Second.
THE PRESIDENT: The Chair recog-
nizes Delegate Bamberger.
DELEGATE BAMBERGER: This is
the amendment which was originally of-
fered by Delegate Bennett. We have been
up this hill and down it before. The last
time we had been up the hill it took only
one more vote to go over the top, so I
thought we ought to try it again.
The purpose of this amendment is to
remove from the constitution the require-
ment that there shall be a secret poll of
the lawyers concerning the qualifications
of a judge who is standing for reelection,
and that that poll shall be published. As I
remember it, the principal argument which
was made for this proposal was that the
public would like to know how lawyers
felt about the judge on the bench.
I suggest that they be told without hav-
ing to provide in the constitution that kind
of secret poll. My concerns about that are
really two. I think we always know there
are a fixed percentage of people who always
vote against things. A judge may be a
very good and strong judge, who runs his
courtroom well and decides cases fairly.
The lawyers do not run the courtroom and
yet some may be displeased with his de-
cisions, or with his conduct as a judge, or
some just do not like him. So there is a
poll and there will be, let us say, at best
fifteen percent of the lawyers who might
vote against him. It seems to me that is
an unfair blemish to put on a judge who
may be a perfectly good judge.
Secondly, I have some concern with the
kind of hidden, insidious pressure that
this may put on the judge who is sitting
|
