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of that is that the rules could only provide
for the commissioners to exercise authority
in those limited matters: warrants of ar-
rest, collateral, and incarceration pending
hearing.
THE CHAIRMAN: The Chair is not
clear as to your question. If I understand
what you say, would not the phrase in line
3,, "incarceration pending hearing," cover
the subject matter of your question?
DELEGATE WILLONER: That was my
next question. I do not know what "in-
carceration pending hearing'' means. Does
that mean that they can release without
incarceration, or that they can only in-
carcerate pending hearing?
DELEGATE MUDD: I think that under
the wording "as prescribed by rule" it can
be both, in my opinion. On incarceration in
absence of bail, or whatever rule, the Court
of Appeals will make the rule.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: You mean to
foreclose the legislature providing any
other jurisdiction than what is allegedly
spelled out in that paragraph for the com-
missioners to exercise?
DELEGATE MUDD: Yes.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: I have an-
other question.
You indicated in the event the counties
would not provide facilities for the courts
that the State would provide for those fa-
cilities.
Did I understand you correctly?
DELEGATE MUDD: I indicated more
that it would be the obligation of the State
if this is adopted to forthwith provide fa-
cilities.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: At the pres-
ent time we have county courthouses as
property of the county. Is it contemplated
th-it the State will rent these facilities?
DELEGATE MUDD: Precisely, and
Delegate Bradshaw, in assembling the in-
formation he did for the subcommittee, I
believe in many instances already has the
square footage of county buildings now
occupied by court facilities.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: Is it also
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contemplated that the State will then in
those areas which do not have courthouses
build courthouses?
DELEGATE MUDD: I think it must
follow. I know one jurisdiction that is very
anxious for it to do so.
THE CHAIRMAN: Delegate Beatrice
Miller.
DELEGATE B. MILLER: Chairman
Mudd, as I understand it, under functional
division of courts it would be possible to
set up a family court or juvenile court or
some such court, would it not?
DELEGATE MUDD: Yes.
DELEGATE B. MILLER: Would it also
be possible to have specialist judges who
would be assigned solely to those courts
on the basis of their knowledge in that
area?
DELEGATE MUDD: Within the rule-
making power, the Court of Appeals has
the right to assign judges. It is entirely
possible that a judge who is particularly
knowledgeable in one field and who prefers
that field but now handles many areas may
become permanently or for an unlimited
time a juvenile judge or traffic court judge.
That already happens in some jurisdictions
at the present time.
THE CHAIRMAN: Delegate Miller.
DELEGATE B. MILLER: Would there
be any recourse if such event were not to
happen, if a judge were assigned to a
family court, for instance, who did not
have the specialized interest that he should
have in that court. Would there be any re-
course in that case?
THE CHAIRMAN: What do you mean
by "recourse"?
DELEGATE B. MILLER: We are faced
here with the alternative of having courts
prescribed by law or prescribed by rule. I
would assume if they were prescribed by
law the ordinary citizen could then go about
whatever method is necessary to make
known his wishes in that area.
How would he do this if the courts are
prescribed by rule?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: You mean to have
the court provided or to —
THE CHAIRMAN: I take it the ques-
tion is by what means could a private citi-
zen make known to the court exercising
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