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DELEGATE MUDD: That language was
designed to accommodate a situation where
there is a district judge for more than one
county, where the district created by the
legislature encompasses more than one
county.
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: But is it
the intention of section 5.08 that there be
a superior court in each county?
DELEGATE MUDD: Yes, but not in
5.10.
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: One last
question concerning the last sentence of
section 5.10. Why did you not allow the
General Assembly the power to prescribe
functional divisions of the district court?
DELEGATE MUDD: We think it is
more peculiarly a matter within the knowl-
edge and experience of the court in its rule-
making power.
THE CHAIRMAN: Delegate Singer.
DELEGATE SINGER: Mr. Chairman,
I take it that the Committee did not con-
sider that the maintenance of the jails
throughout the State would be one of those
functions taken over by the State related
to the judicial process.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Is your question
did we assume they would?
DELEGATE SINGER: Yes.
DELEGATE MUDD: No.
DELEGATE SINGER: Jails to be taken
over.
DELEGATE MUDD: No.
-^ THE CHAIRMAN: Delegate Willoner.
""^DELEGATE WILLONER: Mr. Chair-
man, I wonder if in the first provision of
section 5.01, "Judicial powers of the State
vested exclusively in a unified judicial sys-
tem," do you mean by that the separation
of powers doctrine or are you talking about
the fact that the judicial powers are to be
executed only by the four courts rather
than as a separation of powers. I know
you tried to distinguish it but I had a
great deal of difficulty understanding your
reasoning. Are you trying to get at separa-
tion of powers in that language.
DELEGATE MUDD: Sorry if I wasn't
clear. Basically as the Committee con-
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ceives it, this mandate in the constitution
and subject to change only by constitutional
amendment provides for two appellate
courts and two trial courts, that is, a four-
tier system. Anything over and above that
would have to be the functional divisions
created by rule of the court.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: In some of
the testimony we received on separation of
powers it was indicated that when the
Commission used the language you appar-
ently adopted, the intent was to no longer
need a separation of powers clause in the
present Declaration of Rights in that in
other sections, the executive power was
vested in the governor and legislative power
was vested with the legislature made up of
the two houses. In your use of this, the
Commission makes the same comment you
do in your report, that this is not to pre-
vent a quasi-judicial function from being
handled by administrative agencies. I have
a great deal of difficulty finding how you
could use the word exclusively and not pre-
vent the quasi-judicial functions from being
handled by administrative agencies. I
wonder if you could explain that?
DELEGATE MUDD: They will not exer-
cise judicial power.
THE CHAIRMAN: Delegate L. Taylor.
DELEGATE L. TAYLOR: Mr. Chair-
man, in section 5.10, line 30, it is stated
the State shall be divided by law into dis-
tricts. Each district shall be composed of
one or more entire and adjoining counties.
If Montgomery County were allocated a
district court would Montgomery County
in any way suffer from the fact that due
to the population they would require more
judges, more staff, and other facilities?
Will larger counties suffer under this pro-
vision?
DELEGATE MUDD: I think the answer
to your question, Delegate Taylor, is that
section 5.10, "Composition of District
Courts," contemplates the need for more
than one district judge in some districts.
I would guess Montgomery County would
be one.
THE CHAIRMAN: Delegate Taylor.
DELEGATE L. TAYLOR: Would the
division of the districts be based upon
population?
DELEGATE MUDD: It is entirely
\vithin the wisdom of the legislature.
THE CHAIRMAN: Before recognizing
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