|
Delegate Henderson.
DELEGATE HENDERSON: It seems to
me that there is another aspect of this
thing which I know was discussed in the
judicial branch. The point is that when
this new system goes into effect, there is a
transfer from local to state expense. Cer-
tainly there was some discussion in the
judicial branch that we did not want lo-
calities freezing a thing which would ulti-
mately fasten upon the State. In other
words, it would protect that feature of it
that the matter was cut down.
I would like to inquire: is there not some
requirement for the legislature to set up a
People's Court without constitutional
amendment?
DELEGATE HARDWICKE : The answer
would be no. It would have to act within
the framework of the four-tier court sys-
tem, and it could not after July 1, 1968.
THE CHAIRMAN: The question is un-
der the present Constitution. Is that what
you meant, Delegate Henderson?
DELEGATE HENDERSON: The answer
to that question is that it could.
TPIE CHAIRMAN: Are there any ques-
tions as to section 23?
Arc there any questions as to section 24?
(There was no response.)
Section 25?
Delegate Marion.
DELEGATE MARION: Delegate Hard-
wicke, the sections of the judicial article
relating to the nominating commission pro-
cedure are deferred for one year. I may be
missing something obvious, but I am curi-
ous as to the reason for the language in
lines 20 and 21 of "other than the expira-
tion of the term of office."
By what procedure would a vacancy be
filled during the intervening one year if a
term of office of a judge of one of those
three court levels ended in that year?
DELEGATE HARDWICKE: By the
governor, Delegate Marion, and this is ex-
pressly provided for in section 27 on the
next page.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: As I read sec-
tion 27, that relates only to section 5.22,
which involves the non-competitive election,
and the term of office for a judge. I gather,
section 5.22 is to take effect immediately
for all practical purposes.
|
I am not sure that answers my question
as to an appointment to fill a vacancy.
THE CHAIRMAN: I am not sure I un-
derstand the import of the question.
DELEGATE MARION: My question
with respect to section 5.25 is that since
you make an exception for appointments
prior to —
THE CHAIRMAN: You mean 5.25 of
the transitional.
DELEGATE MARION: Section 5.25 on
page 8.
THE CHAIRMAN: You do not mean
section 5.25. You mean section 25.
DELEGATE MARION: I am sorry.
Yes, sir, section 25 on page 8.
DELEGATE HARDWICKE: In section
25 there are two breakdowns. First of all
if the term ends for any reason beside ex-
piration, in other words, a death, and so
forth, then the governor appoints. If it
ends by reason of expiration, then section
27, page 9, is used, and there is an elec-
tion pursuant to the terms of the new
constitution.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: You are using
a term of office to mean at the time of an
election.
It would not mean a retirement at age
70. That would be covered by this lan-
guage in section 25.
DELEGATE HARDWICKE: That is
correct.
THE CHAIRMAN: Are there any other
questions as to section 25?
Section 26? Section 27? Section 28? Sec-
tion 29? Section 30?
(There was no response.)
Section 31.
Delegate Gleason.
DELEGATE GLEASON: Delegate Hard-
wicke, I think my question has already
been answered by Delegate Marvin Smith,
but I think it important to get it on the
record, and make sure that that is the right
answer.
We provide in the schedule of legislation
for the salaries on the three-tier level to
take effect, I believe, as of July 1968. When
I look back at the judicial branch article,
and I recall the provision in there that
|
