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whether or not that in effect gives the Gen-
eral Assembly concurrent authority with
the judiciary so far as the court system is
concerned; that is, I think you suggested
we remove the word "exclusively" and add
"such other courts as may be established
by the General Assembly."
I am asking you whether or not in effect
by removal of that word you give the Gen-
eral Assembly the authority to create any
court they want to establish, whatever rule,
or whatever procedure they so desire for
that particular court; is that correct?
DELEGATE JOHNSON: No, let me an-
swer your question this way: When we sug-
gested removing the word "exclusively" we
meant it was consistent with our position
that the legislature should be able to pro-
vide whatever other special courts may be
needed.
As a matter of fact, as I indicated at the
outset, we would be satisfied if the language
were "and such other courts that are not
inconsistent with the unified judicial court
system." That is our position. I will make
it plain as I can, but that is our position.
THE CHAIRMAN: Delegate Hargrove.
DELEGATE HARGROVE: My question
is: Are there any other powers which the
judicial system has which the General As-
sembly would have by virtue of their ability
to create additional courts?
"Exclusively", as far as I can under-
stand it, means all powers of the judiciary
are in a court system of four tiers. When
you remove "exclusively," you remove some
powers. What powers are you removing, or
are there any powers you are removing and
giving to the General Assembly by the
elimination of that word?
DELEGATE JOHNSON: I do not think
we are removing any powers. It is my un-
derstanding, if my recollection is correct,
that there is a Maryland case in point that
held that although our present Constitution
does not provide the word "exclusively,"
that by spelling out the number and names
of the courts that is in fact what it means,
that it is an exclusive court. So that at best
the word is unnecessary in my opinion.
DELEGATE HARGROVE: The present
Constitution does not contain the language
"shall create any such courts as the Gen-
eral Assembly may desire." Every court
in the State of Maryland is a constitutional
court, as I understand it; is that correct?
DELEGATE JOHNSON: That is par-
tially correct. There is wording to that ef-
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fect, however, with respect to the creation
of other intermediate appellate courts, I
believe.
DELEGATE HARGROVE: Within our
constitution.
THE CHAIRMAN: Delegate Raley, do
you have a question?
DELEGATE RALEY: Delegate John-
son, I know what you are trying to get at,
but the thing that bothers me here is I do
not like to see the legislature forever ex-
cluded from being creative. For instance,
somebody mentioned a family court. Maybe
the judicial system by rule would not do
anything about it. I think that the General
Assembly which has the pressures of the
people —
THE CHAIRMAN: Do you have a ques-
tion, Delegate Raley?
DELEGATE RALEY: I have a question.
I was trying to see if it could be that the
functional divisions could be divided as
divided now or as will be prescribed by
rule only by the court, but could it be added
also by law?
DELEGATE JOHNSON: That is a very
good point, Delegate Raley. Perhaps the
Committee of the Whole would be interested
in knowing that an amendment along the
lines you mentioned was short of a ma-
jority, but it was supported as I under-
stand it by the entire minority plus. We
originally suggested that the section with
respect to functional divisions, section 5.08,
read, the last sentence, "functional divi-
sions of superior court may be established
in any county prescribed by mle or by law."
The majority did not accept it and we did
not file a minority report on this item be-
cause we believed that the judiciary should
have certain procedural type exclusive rule-
making powers.
If that is a valid concern of yours and
of the Committee of the Whole, it can
easily be corrected. I am sure it is a valid
concern of yours or you would not have
mentioned it, but if it is in fact a concern of
the Committee of the Whole, an amendment
providing for the establishment of func-
tional divisions by rule or by law could be
easily provided for and perhaps adopted
by this body.
THE CHAIRMAN: The Chair does not
want to prolong this session unduly. I
would like to conclude this phase of it if
possible. I will recognize Delegates Armor
and Clagett in succession. If there are
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