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judicial functions for the most part in ad-
ministrative agencies, where they are
clearly quasi-non-judicial regulatory func-
tions, as in the Federal Power Commission,
the Federal Communications Commission,
the Security & Exchange Commission, and
the Workmen's Compensation Board, these
are different from courts like the tax court,
or the probate court created by the legis-
lature, which are composed of former
judges? Perhaps the Chair can assist on
this.
THE CHAIRMAN: If your question was
directed to the Chair I would answer that
the distinction is not so much the one that
you have just indicated, but rather the dis-
tinction between an agency determining
rights as between the State or a govern-
mental unit, and a citizen, and the agency
or court determining rights between citizen
and citizen.
A zoning appeal board, for instance, is
not a court.
DELEGATE DUKES: So that the deter-
mination would be that the legislature
could create any court, call it what you
will, which dealt with relationships be-
tween the State and citizens, but could not
create any such specialty court which dealt
between citizen and citizen, is that correct?
THE CHAIRMAN: I would not go quite
that far; but then most generalities are
difficult to reach.
DELEGATE DUKES: What I am trying
to find out is what jurisdiction, if any, does
the legislature have to create specialty
bodies or courts that deal with problems
of citizens and citizens — automobile acci-
dents, family courts, probate, that sort of
thing?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: First it depends
upon what jurisdiction the legislature is
going to prescribe for courts in the four-
tier system.
DELEGATE DUKES: I did not under-
stand.
DELEGATE MUDD: It first depends on
what jurisdiction the legislature is going
to prescribe for courts in the four-tier sys-
tem.
DELEGATE DUKES: I am assuming
that under section 5.01 all judicial power
must be in the four-tier courts.
DELEGATE MUDD: Yes.
DELEGATE DUKES: I want to know
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what authority, if any, the legislature has
to deal with this type of problem outside
of the four-tier court.
\DELEGATE MUDD: Quasi-judicial
agency and administrative agency is the
only way I can answer.
THE CHAIRMAN: I think the question
was, to use Delegate Dukes' illustration, un-
der this article would it be competent for
the legislature to set up a quasi-judicial
agency not under the four-tier courts to
try automobile negligence cases?
DELEGATE DUKES: It could give it
minimal legislative authority to be quasi,
but it would circumvent the theory of rule
making having control over functional divi-
sions.
DELEGATE MUDD: It may be. I can-
not answer that.
THE CHAIRMAN: Delegate Dukes, do
you have a further question?
Delegate Clagett?
DELEGATE CLAGETT: Delegate Mudd,
how many superior courts are contemplated
under this article?
DELEGATE MUDD: One.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: There will be
only one superior court, and how many su-
perior courts will there be in each county?
DELEGATE MUDD: There will be a
division of the superior court in each
county.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: Where is the
provision for that division?
DELEGATE MUDD: I think it is im-
plicit in the arrangement with a judge of
the superior court in each county.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: That would
fall under section 5.08, would it not?
DELEGATE MUDD: Yes.
DELEGATE CLAGETT: Is it not possi-
ble under section 5.08 for^there to be a
superior court located in Annapolis with a
resident superior court judge in each of
the twenty-four counties who will have to
come to Annapolis to sit, as will all of the
persons who appear before that court or
who are required to appear before that
court?
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