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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3369   View pdf image (33K)
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[Jan. 6] DEBATES 3369

Does any delegate desire to change his
vote?

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

There being 115 votes in the affirmative
and 1 in the negative the motion is car-
ried. The amendment is adopted.

Delegate Mudd, do you desire to submit
your amendment?

DELEGATE MUDD: Yes, Mr. President.

THE PRESIDENT: The pages will
please distribute Amendment B, "B" for
"baker".

This will be Amendment No. 10.
The Clerk will read the amendment.

READING CLERK: Amendment No. 10
to Report S&D-18 by Delegate Mudd. On
page 59, section 26, Application of Section
5.22 to Judges Now in Office, in line 22
strike out the word "such", and in the same
line after the word "judge" add the words
"of those courts".

THE PRESIDENT: The amendment is
submitted by Delegate Mudd. Is there a
second?

(Whereupon, the motion was duly sec-
onded.)

THE PRESIDENT: The amendment
having been seconded, the Chair recognizes
Delegate Mudd.

DELEGATE MUDD: Mr. Chairman, this
is purely an amendment for clarification
and has to do with the improvement, we
hope, in the language of section 5.26.

I call attention of the delegates to line 22
where the sentence now beginning with
"The continuance in office" says "each such
judge who is required to stand for reten-
tion of his judicial office". The word "such",
as we have been often reminded, is not
thought of very kindly by Style and Draft-
ing, so the purpose of this amendment is to
strike the word "such" between "judges"
and insert after the words "of those
courts", referring to the courts in the early
part of the section.

We feel this will clarify the meaning and
I ask the delegates to vote for the
amendment.

THE PRESIDENT: Is there any further
discussion?

Are you ready for the question?
The Clerk will ring the quorum bell.

The question arises on the adoption of
Amendment No. 10 to Report S&D-18. A
vote Aye is a vote in favor of the amend-
ment, A vote No is a vote against.

Cast your votes.
Has every delegate voted?

Does any delegates desire to change his
vote?

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

There being 119 votes in the affirmative
and none in the negative, the motion is
carried. The amendment is adopted.

Delegate Mudd, do you desire to offer
your amendment K?

DELEGATE MUDD: Yes, Mr. President.

THE PRESIDENT: Pages, please dis-
tribute amendment K, "K" for "king".

This will be Amendment No. 11.
The Clerk will read the amendment.

READING CLERK: Amendment No. 11
to Report S&D-18 by Delegate Mudd. On
page 59, section 27, Election of Judges
Continued in Office, strike out all of line
36 and insert in lieu thereof the following:
"Any judge"; And in line 39 after the word
"at" add the words: "the general election
next following";

And strike out all of lines 41, 42, 43 and
44 and insert in lieu thereof the following:
"5.22. The term of any such judge shall
be";

And in line 45 strike out the word: "the"
and insert in lieu thereof the word : "such".

THE PRESIDENT: The amendment is
submitted by Delegate Mudd. Is there a
second?

(Whereupon, the motion was duly sec-
onded.)

THE PRESIDENT: The amendment
having been seconded, the Chair recognizes
Delegate Mudd.

DELEGATE MUDD: Mr. President, fel-
low delegates, this amendment again is an
effort to clarify the section 27 with respect
to the elected judges to continue in office
under this transitional provision of the
constitution.

It is a little difficult to follow, but the
amendment would result in the section 27
reading as follows: "Any judge of any



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3369   View pdf image (33K)
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