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Delegate Rybczynski.
DELEGATE RYBCZYNSKI: Delegate
Hardwicke. I am looking for something. I
cannot find it. I am sure you have taken
care of it. On page 5 and section 1C, I am
looking for the transfer of duties and
powers of the Orphans' Court. To which
levels are these duties and powers trans-
ferred ?
DELEGATE HARDWICKE: Delegate
Rybczynski, they expire, and their func-
tions will be picked up by the power of
the legislature to assign the duties and the
responsibilities of the four - tier court
system.
DELEGATE JAMES (presiding) : Dele-
gate Rybczynski.
DELEGATE RYBCZYNSKI: In other
words, my recollection of our discussion
during the judicial branch session was that
these duties and powers were to be picked
up by the superior court. You are now
saying this is not so in the transitonal
provisions?
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: They may
be picked up by the superior court, but not
necessarily so. It is not our intention to
dictate to the legislature with regard to
the functions of any of the four levels of
courts. If they want to take the Orphans'
Court functions and give them to the dis-
trict court, I cannot say that this Conven-
tion has any intention to object to that.
I think, however, as a matter of logic
and plausibility, they will probably go to
the superior court.
DELEGATE JAMES (presiding) : Dele-
gate Rybczynski.
DELEGATE RYBCZYNSKI: If I might
remind you, you have taken care of every
other existing court and placed it in a
tier. I am just wondering why you have
deliberately left this one court alone?
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: I can con-
ceive of a situation where the legislature
might assign the function of the Orphans'
Court to the clerks of the superior court
in the several counties and not have a ju-
dicial function at all with regard to what
the Orphans' Court does.
DELEGATE JAMES (presiding) : Be-
fore further questioning, the Chairman of
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the Publicity Committee has advised the
Chair that we have cameramen in the bal-
cony who are helping update the "Mighty
Oak", the film which is going to be utilized,
so if you are of a mind to be part of the
motion picture, it would be a good idea to
stay here for the benefit of film improve-
ment and for the purpose of personal
publicity.
Delegate Bennett.
DELEGATE BENNETT: Then perhaps
I better delay my question for a little while
until the camerman gets up there.
But, Delegate Hardwicke, further with
regard to section 16, I assume you are em-
powering the General Assembly to make
changes in the jurisdictions of those courts
and so on before January 1, 1971, are you
not?
DELEGATE HARDWICKE: That is
correct.
DELEGATE JAMES (presiding) : Are
there any further questions on section 16?
Delegate Groh.
DELEGATE GROH: You intended to
include justices of the peace in magis-
trates' court on line 36, for instance?
DELEGATE HARDWICKE: There is a
question of terminology here. Theoretically
there ave no magistrates' courts as such.
There are justices of the peace who are
designated as magistrates and the language
"justice of the peace" will pick up the
magistrate.
DELEGATE JAMES (presiding) : Are
there any further questions as to section
16?
(There was no response.)
Section 17?
Delegate Grant.
DELEGATE GRANT: Looking at sec-
tions 17 and 18, it seems to me that there
is a possible hiatus. I cannot determine
what happens where there is an appeal at
jurisdiction from the trial magistrates in-
between the time that this article becomes
effective and that appeal at jurisdiction
that is dealt with in section 17. It says
that any cases there will then be disposed
of, and then you have the district courts
coming into existence on December 31, 1969.
It looks, however, as if for about an
eighteen-month period you do not have any
appellate jurisdiction other than this one
thing in article 3, section B, where you say
you can try it de novo if a man is acquitted.
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