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Prince George's Wicomico, and I think,
Baltimore County.
Does that answer the question, Delegate
Sollins?
THE CHAIRMAN: Delegate Sollins.
DELEGATE SOLLINS: I think you
said yes, is that correct, Delegate Della?
THE CHAIRMAN: Delegate Hard-
wicke.
DELEGATE HARDWICKE : Mr. Chair-
man, I think Delegate Sollins hit at the
problem. You will notice that all of these
courts referred to in lines 32 and 33 are
existing courts and if we strike those lines
and insert the words "any county" then
courts set up in the various counties in-
cluding Baltimore County or other counties
by December 31, 1969, will be perpetuated
in the new constitution. That is contrary
to our intention. It is a device to perpetu-
ate persons in office and courts whom we
do not intend to perpetuate in office, and
I urge you to vote against this amendment.
THE CHAIRMAN: Is there any further
discussion, Delegate Mudd?
DELEGATE MUDD: Mr. Chairman and
fellow delegates, I am not sufficiently in-
formed apparently to ask meaningful ques-
tions of the substitute sponsor of this
amendment, but without being informed as
I should be, I do recognize this as an
amendment to do violence to the judicial
article and our concept of the district
court, and I therefore oppose it as en-
tirely inconsistent with the thought that
our Committee has had and the whole idea
of improving the system of courts of
limited jurisdiction. This amendment would
permit much more than proponent Della
has suggested. It would not require that
these courts set up between now and the
effective date of December 31, 1969, be
peopled with judges who comply with the
eligibility requirements of section 5.14. It
is an attempt to blanket into the district
court system as of December 31, 1969, any
full-time judge of any court of any county
designated as a People's Court, which obvi-
ously is a dangerous and far-reaching pos-
sibility and we therefore resist the amend-
ment.
THE CHAIRMAN: Is there any fur-
ther discussion?
Delegate Weidemeyer.
DELEGATE WEIDEMEYER: Mr.
President, what puzzles me a little bit and
may be somebody can tell me, is whether
the judge of the Housing Court of Balti-
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more County is a constitutional or a statu-
tory judge created by the General As-
sembly, or is he created by ordinance of
the Baltimore County Council?
THE CHAIRMAN: Delegate Hardwicke,
can you respond to the inquiry?
DELEGATE HARDWICKE: Delegate
Weidemeyer, this court is established by
the General Assembly.
THE CHAIRMAN : Is there any further
discussion?
Delegate Grant.
DELEGATE GRANT: I have two ques-
tions, number 1 is, are all the courts now
enumerated populated with judges who
would be qualified to become district
judges, that is, are they attorneys as re-
quired by the article?
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: Delegate
Grant, the courts listed in lines 31, 32 and
33 require full-time judges established by
the constitution as full-time judges. They
are lawyers; they meet the requirements
of judges on the district court. The other
judges, the part-time judges and so forth,
do not. This language has been thought out
very carefully. These judges in the enum-
erated courts do meet the requirements of
district judges. We do not know what
could be done if we struck this out and
used the phraseology "any county" in lieu
of the enumerated counties.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: My second ques-
tion would be concomitant. Even if such
courts were set up, if the judges did not
meet the qualifications of the district
judge, could they then become district
courts ?
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: They
might or they might not. The problem is
that this would be an attempt, if a great
number of judges were set up in these
courts, to cause them to be automatically
transferred over to the district courts so
that they would retain and have constitu-
tional status under the new constitution.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: Do I interpret it
then that you mean this to be a grand-
father clause which would outweigh the
requirements which are set up in the con-
stitution for the qualifications of a judge.
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