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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3221   View pdf image (33K)
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[Jan. 4] DEBATES 3221

for a term of years. It would be any non-
military person who received an appoint-
ment from the executive. This is all of
them. This can be changed by law, and it
is only intended to cover the interim until
the legislature has an opportunity to act.

THE CHAIRMAN: Delegate Grant.

DELEGATE GRANT: That is full rec-
ognition of the fact that section 4.30 is
much broader than just civil officers ap-
pointed; it includes elected as well as ap-
pointed officials for removal purposes.

DELEGATE HARDWICKE : That is
correct, but I do not think they are in-
consistent.

DELEGATE GRANT: No, I do not
think so, unless by civil officer you meant
something other than a state level official.

DELEGATE HARDWICKE: I would
consider that civil officers who had re-
ceived their employment from the governor
would include a state level official.

THE CHAIRMAN: Delegate Grant.

DELEGATE GRANT: I think that would
clarify it.

THE CHAIRMAN: Are there any other
questions as to section 9? Section 10? Sec-
tion 11? Section 12? Section 13? Section
14?

(There was no response to these
questions.)

Section 15?
Delegate Rybczynski.

DELEGATE RYBCZYNSKI: Mr. Chair-
man, I would like to know the extent of
section 15.

THE CHAIRMAN: What do you mean
by the extent?

DELEGATE RYBCZYNSKI: Does this
simply mean that there will be a perma-
nent record in a permanent volume of de-
cisions, or are we talking about steno-
graphic services? What are we talking
about?

DELEGATE HARDWICKE: As I un-
derstand it, this phrase "court of record"
is a term of art, and it relates to a court
which keeps a permanet record of its pro-
ceedings. It keeps a docket that the judg-
ments and so forth are entitled to that
court, are entitled to full faith and credit
in other states, and that kind of thing.

We have done a little bit of research on
it, and I believe that is the conclusion.

THE CHAIRMAN: Delegate Rybczynski.

DELEGATE RYBCZYNSKI: Would I
be correct in saying that, for instance, in
the circuit level, now, we have stenographic
service, that is, a court of record. But the
People's Court of Baltimore City, where we
have a permanent docket entry that a
judgment has been rendered one way or
another, this becomes a record, and that
would be the extent of the record of dis-
trict court.

THE CHAIRMAN: That is not correct.
The People's Court of Baltimore City is
not a court of record. That is why you
have to record the judgments in the su-
perior court of Baltimore City in order
to record a lien.

In other words, what the Chair is saying
is that the phrase "court of record" as
Delegate Hardvvicke indicated, is a word of
art. It does not refer to the question of
whether or not there is a court stenog-
rapher. Circuit courts have always been
courts of record, and yet for many years
they did not have court stenographers.

Are there any other questions as to sec-
tion 15? Section 16? Section 17? Section
18? Section 19? Section 20?

(There was no response to these
questions.)

Section 21?
Delegate Fornos.

DELEGATE FORNOS: Could you tell
me whether we have to put section 21 and
section 22 in the transitional legislation?

Is there any mandatory reason why we
should have it in here?

THE CHAIRMAN: This is not in the
transitional legislation; this is in the sched-
ule of legislation.

DELEGATE HARDWICKE: Delegate
Fornos, this places a ceiling on the judicial
salaries. Bear in mind that when we set up
our new court system the State is going to
have to take over all of these salaries, and
it was our purpose here to put a ceiling on
them so that you could not have local sup-
plementation which would greatly impair
the ability of the State to pay these
salaries.

DELEGATE FORNOS: We spelled that
out in the judicial article, that there will
be no more supplementation —

THE CHAIRMAN: Delegate Fornos, I
do not believe you followed the answer of



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3221   View pdf image (33K)
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