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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3307   View pdf image (33K)
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[Jan. 5] DEBATES 3307

authorized after January 1, 1968," so in
establishing the uniform system it will have
to be done in accordance with the salaries
in existence on January 1.

This primarily is what we hope to do in
substitution for section 21 in the tran-
sitional legislation, and that is all that we
would propose to do with section 21, 22,
and 23. Section 22 deals with judicial
pensions and 23 deals with the pensions of
spouses.

We took cognizance of the fact that sec-
tion 10.01 of the general provision article
we have passed says that all existing stat-
utory law in existence when this new con-
stitution is promulgated, that statutory
law will remain in effect and therefore the
judicial pension system in operation and
also the spouse provision of beneficiaries
which is presently covered by statute would
also remain in effect.

We retained in the new section 22 three
necessary pension clauses and now under
the Amendment No. 14 they would be num-
bered (a), (b), and (e). You can find new
paragraph (a) on page 24 and it is pres-
ently marked (e). This paragraph deals
with the partial service of any judge on
more than one court in any given year.
These are primarily longevity clauses giv-
ing recognition to judges rendering service
on various courts and they have only the
purpose of saying that longevity of service
will be recognized.

The next paragraph has to do with
judges that serve on more than one court.
Paragraph 2 has to do with a full year's
service on more than one court, and that
they be given full credit for their full
year's service. On page 25, paragraph (e)
is a necessary provision to guarantee that
those judges who will be eliminated or not
continued in office as a result of the new
Constitution will be entitled to all benefits
accruing to them under the present con-
stitution.

Mr. Chairman and fellow delegates, that,
very briefly, insures us of the necessary
compliance with section 5.25 of the judicial
article, that we will have a uniform ju-
dicial salary system, and furthermore,
gives the opportunity to the General As-
sembly of Maryland to legislate in an area
which is rightfully theirs, and at the same
time maintains the principle which we
have promulgated here at this Convention.

THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?

Is there any discussion?

Delegate Hardwicke, do you have any
comment?

DELEGATE HARDWICKE: I would
like to say, Mr. Chairman, that from the
point of view of the transitional provisions
I have carefully analyzed both Amend-
ments 13 and 14. I think they are in order.
I think the approach is probably an im-
provement over the approach we have
previously suggested of putting in dollar
amounts. It accomplishes the result of not
having us legislate in a very detailed and
technical area, and I would urge that you
adopt these amendments.

THE CHAIRMAN: Is there any further
discussion?

(There was no response.)
The Clerk will ring the quorum bell.

The question arises on the adoption of
Amendment No. 14 to Committee Recom-
mendation GP-13. A vote Aye is a vote in
favor of the amendment. A vote No is a
vote against.

Cast your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?

(There was no response.)
The Clerk will record the vote.

There being 82 votes in the affirmative
and 5 in the negative, the motion is carried
and the amendment is adopted.

The Chair recognizes Delegate Fornos
to speak to Amendment No. 13.

DELEGATE FORNOS: Mr. Chairman
and fellow Delegates. I think the voting on
the passage of Amendment No. 14 was
conditional also upon the passage of
Amendment No. 13. It is in compliance with
my explanation with you here this after-
noon, and I would urge its passage.

THE CHAIRMAN: Are you ready for
the question?

(Call for the question.)
The Clerk will ring the quorum bell.

The question arises on the adoption of
Amendment No. 13 to Committee Recom-
mendation GP-13. A vote Aye is a vote in
favor of Amendment No. 13. A vote No is
a vote against.

Cast your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3307   View pdf image (33K)
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