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But if he is convicted, I do not see a pro-
vision for an appeal by him.
(At this point, President H. Vernon Eney
resumed the Chair.)
DELEGATE GRANT: This is statutory.
The continuation of the statutory law will
continue this appellate jurisdiction.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: I understand,
then, that notwithstanding the transitional
provisions in here that the statutory law
will continue appellate jurisdiction in the
circuit courts from the magistrates court
until such time as the four-tier system
comes into effect, then appellate provisions
will be vested in the Intermediate Court of
Appeals or superior court.
THE CHAIRMAN: That is correct, but
it is not during the transitional period.
They provide continuance of law in effect
on June 30, 1968. Since it is law on June
30, it is continued by that specific provision.
Are there any further questions as to
section 18?
Are there any questions as to section 19?
Section 20?
Section 21?
(There was no response.)
Section 22?
Delegate Willoner.
DELEGATE WILLONER: Excuse me,
I am on 23.
THE CHAIRMAN: As to 23, Delegate
Case, do you have questions on 23?
DELEGATE CASE: 23, Mr. President.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: In discussing
this earlier you referred to part-time offi-
cers. Did you consider substitute People's
Court judges who I assume are full-time
Municipal Court judges, but they are sub-
stitute People's Court judges? I understand
in Montgomery and Prince George's County
the term "full time judge" does not include
the substitute.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Mr. Chairman, I
notice that you have specified counties and
Baltimore City in which the full-time judges
of courts of limited jurisdiction would be
continued in office if their term of office
did continue past December 31, 1969.
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Am I correct up to now?
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: That is
correct.
DELEGATE CASE: What would hap-
pen if one or all of the eighteen other
counties wished to adopt a system of full
time courts of limited jurisdiction between
now and December 31, 1969? Would this
system be scrapped under the provision of
this section 23?
THE CHAIRMAN: Delegate Case, may
the Chair interrupt? You said each county
adopted. You mean that the General As-
sembly provides for a county?
DELEGATE CASE: Yes, sir. That is a
more accurate way of stating it.
The answer to your question is if such
a full-time system were set up, those
judges would be scrapped under the new
constitution.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: So it can be per-
fectly clear to all the delegates, if Fred-
erick County, for example, at this session
of the legislature secured legislation which
would establish in that county a full-time
system of courts of limited jurisdiction,
and the judges were appointed by the gov-
ernor or selected in such a way as the
legislature might provide, that that entire
system would last only until December 31,
1969, at which time you would have to go
through the whole procedure all over again.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: As a prac-
tical matter I would suggest that all the
judges who were sitting in such a court
would probably be continued as district
court judges, if they were qualified. They
would be subject to the provisions of the
new constitution. They might not be con-
tinued.
The purpose is to prevent the counties
from creating monstrosities of a lot of
judges and clerks, and a tremendously large
and expensive operation which we would
have to take over when the District Courts
come into effect on January 1, 1970.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Well, let me make
two additional comments: first the report
of the State Bar Association, upon which
this system was, in essence based, envisaged
that there would be a cutoff date, and that
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