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judicial independence, the majority wishes
to further free the judiciary from this re-
straint.
In this respect I fear the majority has
equated freedom with license. We simply
wish to move toward the direction of mod-
eration.
The other matter I intend to mention in
these remarks also bears on our concern
that the constitution itself should provide
for a republican form of government in
character. I am sure we all agree that a
basic tenet of good government is respon-
siveness to the needs of the people. This
clearly means that a constitution must be
general in nature, thus allowing a substan-
tial degree of flexibility as time and condi-
tions change. We are not for generalities
per se in a constitution, but neither do we
wish to see too many absolutes with re-
spect to possible modification in organiza-
tion and administration of government.
Here, fellow delegates, is where some
proponents of the commission draft with a
parochial view I submit have departed
from preferential constitutional draftsman-
ship. In too many situations they have be-
come absolutists. Here are some examples.
While we approve of a four-tier court
system for Maryland, we do not believe
that forever and all time these will be the
only courts needed by the citizens of this
state. We therefore wish to remove this
nonflexible and final language and allow
future creation of courts to the legislative
process.
Likewise we see no valid reason for con-
stitutionally destroying the office of regis-
ter of wills. In many localities these indi-
viduals perform vital services and their
elimination will place undue hardship on
residents in the areas affected.
Let's leave some flexibility in the admin-
istration of justice by allowing at least a
degree of discretion with the lawmakers of
the state.
As you all know -from our printed re-
port, we are not calling for the general
retention of these offices but we do believe
that in those cases where they are needed
we should not have to return to either
that difficult and generally unsatisfactory
method of constitutional amendment or
throw the problem in the lap of local gov-
ernment.
Ladies and gentlemen, as the Committee
on the Judicial Branch is called upon to
offer improvements in the already sound
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state judicial system and to analyze and
criticize constructively the commission
draft, so we call upon you to improve the
generally sound recommendations of the
Majority Report, especially with respect to
allowing the people some say in who will
judge them.
With respect to allowing room for modi-
fication in judicial organization and admin-
istration, we ask only your careful consid-
eration and logical application of often
stated sound principles of government.
Fellow delegates, the Committee on the
Judicial Branch of the Commission was
composed entirely of lawyers. The majority
of this body's Committee on the Judicial
Branch consists of practically all lawyers.
The minority is concerned that we may
wind up accepting a judicial article written
by lawyers and judges for lawyers and
judges rather than by the people and for
the people.
As noted in my remarks, I feel that the
majority members mistakenly are of the
opinion that they are presenting a pro-
gressive stand as well-intentioned as they
may be, whereas in fact they would have
us return to the days of yore when aristo-
cratic judges stood aloof from the masses.
We must not forget it is the masses, the
people you will seek to serve with this new
constitution.
Thank you.
THE CHAIRMAN: Are there any ques-
tions of the minority spokesman with re-
spect to the general presentation? If not,
we will proceed with consideration of the
first portion of the article dealing with
court structure. This embraces 5.01 to 5.11.
The Chair recognizes Delegate Mudd.
Chairman of the Committee for presenta-
tion of the Committee's recommendation
" with respect to sections 5.01 to 5.11.
DELEGATE MUDD: Mr. Chairman, at
this time would it be appropriate for the
Chairman of the Committee to ask unani-
mous consent to make two small amend-
ments in our Committee Recommendation?
THE CHAIRMAN: Dealing with this
portion?
DELEGATE MUDD: Yes, one would
deal with section 5.11 on page 4 in Ihv :'
All we ask is to insert following the co:r.:v.A.
after "arrest", the word "bail".
THE CHAIRMAN: Which line?
DELEGATE MUDD: Line 2. pa.^v *
following the comma after the word "Di-
rest" insert the word "bail".
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