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facilities tremendously. In addition, obvi- g
ously the orphans' court has to come into v
one tier or the other; the juvenile work is fi
expanding all the time.
It seems to us that four levels was a E
better structure than three tiers with the "
maze of functional divisions in the third n
tier. tl
THE CHAIRMAN: Delegate Della. £
DELEGATE DELLA: Delegate Mudd, I C(
refer you to section 5.03. The question is "
that after a study of the number of judges,
beginning prior to the Bond report, where w
we had nine judges, it was then reduced a
to five, and now seven. Did your Commit- -r
tee take into consideration the explosive ^
population we expect between now and ^
1980 where we might need more than seven
judges?
THE CHAIRMAN: Delegate Mudd. ^
DELEGATE MUDD: Yes, Delegate e.3
Della, but we hope that that can be ab- ti
sorbed in the Intermediate Court of Ap- P
peals, where we have fixed the limit of ™
judges at seven. This will really be a court c<
of last resort and the Intermediate Court TT
of Appeals more than the Court of Appeals
will absorb the increase in that case load.
THE CHAIRMAN: Delegate Della.
DELEGATE DELLA: It so happens, ir
I am informed, that they are now over-
worked. It would be better if we could have
what you have put in the intermediate -
court that the judges could be increased by
law — in other words, that they could al-
ways increase the number instead of having
to remain at seven judges.
THE CHAIRMAN: Delegate Mudd. £
DELEGATE MUDD: Apparently I have ""
not made myself clear. If the appellate \*
work and additional jurisdiction in appel- J1
late work is granted to the intermediate a
court of appeals and that court can be ex- "(
panded and number of judges increased, o:
then that will possibly relieve the Court of
Appeals of some of the work it is now
doing. °
THE CHAIRMAN: Delegate Raley. t]
DELEGATE RALEY: Chairman Mudd,
the minority leader points out that in set- a
ting up of this judicial system you do not "
provide that any other courts could be C(
created in the future by law. ^
I would like to have your thinking on C
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ested that any other courts may be pro-
ided by law. We cannot always see in the
uture.
DELEGATE MUDD: I think the point,
delegate Raley, is that we put in the word
exclusively" in section 5.01. Our recom-
lendation establishes the judicial power of
le state in four tiers exclusively, which
rould necessitate constitutional amendment
) provide other constitutional courts. Of
surse our answer to that is functional
ivisions.
Also, we anticipate that the legislature
rill be creating additional administrative
gencies, which more and more are absorb-
ig some of the work that heretofore found
;s way into the courts. That also is a flexi-
ility that is reserved to the legislature.
As a matter of fact there are courts, at
;ast one court now existing that is not a
Durt but is an administrative agency. Our
mphasis was to mandate in the Constitu-
on the four-tier system and vest the
ower in that four-tier system exclusively,
rhich means that any other constitutional
Durt can only be accomplished by amend-
lent to the constitution.
THE CHAIRMAN: Any other questions?
Delegate Singer.
DELEGATE SINGER: Mr. Chairman,
i reference to section 5.03, since the chief
adge is going to be empowered with a
reat deal of administrative duties, would
not serve flexibility greater if the seven
adges named in the constitution were pro-
ided as a minimum?
I understand your reference to the inter-
lediate court relieving some burden on the
ourt of Appeals, but at some future date
light it not be well to have this flexibility
i the constitution so that with the chief
adge devoting a great deal of his time to
dministrative duties, it might be better to
e able to increase the number of judges
n the highest court?
DELEGATE MUDD: In our view, Dele-
pate Singer, there is more flexibility in-
reasing the jurisdiction and manpower of
hie Intermediate Court of Appeals.
We have a four-tier system with two
ppellate courts and two trial courts. By
xing the number of judges of the highest
ourt at seven, obviously that does limit
he amount of work that that court can
andle, but by leaving the Intermediate
lourt of Appeals flexible as to jurisdiction
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