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State will be composed of a body of judges,
presumably each judge assigned to that
court, could you envision the judges trans-
ferring between levels?
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: That is within
the rule making power of the Court of Ap-
peals.
THE CHAIRMAN: Delegate Grant.
DELEGATE MUDD: Temporary assign-
ments of judges, yes.
DELEGATE GRANT: You do not feel
their language precludes a superior court
judge from sitting in district court by the
fact that said "superior court shall be com-
posed of," and "district courts shall be com-
posed of"?
DELEGATE MUDD: In my judgment,
no.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: I cannot make
out clearly, but I presume that this article
will or will not continue the distinction be-
tween law and equity?
THE CHAIRMAN: I did not hear that.
Will continue what?
DELEGATE GRANT: Will continue dis-
tinction between law and equity?
DELEGATE MUDD: Possibly, yes.
THE CHAIRMAN: Delegate Grant's
question was whether the article continues
the distinction. I take it he means whether
it necessarily continues.
DELEGATE GRANT: Not necessarily.
THE CHAIRMAN: In other words, we
could go to a unified system such as the
federal system?
DELEGATE MUDD: Yes.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: Another question
I had was, you indicated that probably the
department of probation and parole would
come under the judiciary. Would you also
visualize that departments of corrections
would come under the judicial? I would
indicate the prisons and reformatories and
so forth.
THE CHAIRMAN: They are presently
under the executive branch, you understand.
DELEGATE GRANT: That is correct.
DELEGATE MUDD: I would say not.
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THE CHAIRMAN: Any further ques-
tions, Delegate Grant?
DELEGATE GRANT: I would say there
was a report distributed to us indicating
that there should be a combination of the
Department of Probation and Parole and
the Department of Correction in order to
give a start-to-finish treatment.
You have just indicated you would favor
part being under the judicial. Do I under-
stand you want part under the judicial and
part under the executive?
DELEGATE MUDD: The only discus-
sion we have had in that area before was
whether the Probation Department might
appropriately be within the administrative
responsibility of the courts. My answer to
that was yes. The correctional in my judg-
ment, at this time, just off the top of my
head, would be no; but I stand to be cor-
rected.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: I have one fur-
ther question.
Could you give me in round figures the
number of circuit court cases per year, as
opposed to the number of trial magistrate
and peoples court cases per year, just in
round figures?
DELEGATE MUDD: I do not have that
information available here at the desk,
Delegate Grant, but we have had a wealth
of information furnished our committee,
and if I may, I will see that you get it.
THE CHAIRMAN: Delegate Grant, I
think you might obtain the information
from the Convention library. The last re-
port of the administrative office of the
courts, which would give you the answer
as to the superior court, and the report of
the Bar Association Committee to which I
referred, which would give you the infor-
mation as to trial magistrates, peoples
courts, et cetera are available there.
DELEGATE GRANT: Thank you.
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: Mr. Chairman,
Mr. Mudd has been at this now for a con-
siderable period of time. There will be a
great number of additional questions. I re-
spectfully suggest we accord him the same
privilege we accorded —
THE CHAIRMAN: I think, Delegate
Scanlan, he would like to sit down and rest
for more than that few moments. I hope
the questions to him are very few.
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