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tem is going to be uniform throughout the
State and if that is in fact the lowest court
on the level from the standpoint of juris-
diction, then certainly they are going to
start with the very smallest cases and work
up. Quite frankly, we do not think this can
happen and we do not think the legislature
would do this even if they could.
THE CHAIRMAN: Delegate Bradshaw.
DELEGATE BRADSHAW: One further
question.
I note that you say in your proposed
change that you would provide such other
courts as may be provided by law. How
would you propose that those judges be ap-
pointed?
DELEGATE JOHNSON: Frankly, we
cannot answer that because we have not
arrived at how the judges are going to be
appointed under this constitution.
Delegate Bradshaw, I would say when
the Committee of the Whole or Convention
decides that, I can better answer your ques-
tion.
THE CHAIRMAN: Delegate Bradshaw.
DELEGATE BRADSHAW: Can you tell
us what you are proposing in that respect?
DELEGATE JOHNSON: The minority
report is very clear on how we propose thayt
other courts in the united judicial court
system would be established, and I would
say to that that under our proposal all the
judges would be established the same way
as they would be established under the ma-
jority report proposal, if in fact their pro-
posal is adopted by this body.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: Under
your proposal would you suggest that the
legislature had the authority to continue
the orphans' court in its present form?
DELEGATE JOHNSON: No.
THE CHAIRMAN: Any other questions?
DELEGATE JOHNSON: Reluctantly,
Delegate Henderson, but no.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: You say
that they could prescribe by law, could not
the legislature prescribe them as additional
courts?
DELEGATE JOHNSON: I guess there
is a possibility, Delegate Henderson, they
could but as you know, they would have to
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do so throughout the entire State. I think
it is very unlikely that the legislature is
going to establish a uniform orphans' court
system throughout the entire State.
DELEGATE HENDERSON: They have
it throughout the State now?
DELEGATE JOHNSON: Yes.
DELEGATE HENDERSON: Why could
they not?
DELEGATE JOHNSON: I do not be-
lieve they would because of the commentary
by this body.
DELEGATE HENDERSON: You admit
they could?
DELEGATE JOHNSON: I believe it is
possible.
THE CHAIRMAN: Delegate Schneider.
DELEGATE SCHNEIDER: Under the
present Constitution is there any provision
for establishment of such other courts as
provided by law?
DELEGATE JOHNSON: I believe, you
can correct me on this, that our present
Constitution provides for many varied
courts and it spells out the number and
nature of courts in detail. It is my under-
standing our present Constitution does not
specifically provide for other courts. How-
ever, it is interesting to know when a con-
stitutional amendment was made for the
creation of the intermediate appellate court
that that constitutional amendment carried
with the power to the legislature to create
other intermediate appellate courts or simi-
lar intermediate appellate courts, I believe.
I do not have the wording in front of me,
but I believe that is the case.
THE CHAIRMAN: Delegate Schneider.
DELEGATE SCHNEIDER: We provide
this judicial article for judicial structure
which includes selection, tenure, and re-
moval of judges. If we are to establish
other courts legislatively, would they in any
way be subject to the possibility of removal
as required, hopefully, by the judicial arti-
cle which we will adopt? Will they also be
subjected to the selection process or will it
be possible to establish an extra judiciary
somewhat isolated from this structure we
establish in the constitution?
THE CHAIRMAN: Delegate Johnson.
DELEGATE JOHNSON: I believe any
new judgeship that may or may not be
created by any new court would fall right
into line with the judicial article with re-
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