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power to establish or to make the rule to
establish these panels. I think the practical
effect would be that the legislature, having
heard the testimony about the need for
judges, about the workload in that court,
would, by law, establish the number of
judges and say that they shall sit in three,
four, two, whatever number of panels they
think should be established on the basis of
testimony here today. If that is not work-
able, if after the court has operated for
six months and finds that it really does not
need that many panels, or it needs more
panels, the court by its rule could change
the number of panels established by the
General Assembly.
THE CHAIRMAN: Delegate Mudd.
DELEGATE MUDD: Mr. Chairman, la-
dies and gentlemen of the Convention. I
rise to oppose the amendment.
A provision in the recommendation sub-
mitted to this Convention which requires
that the intermediate court may sit in divi-
sions, as prescribed by rule, is consistent
with our overall concept of the efficient
functioning of courts within this four-tier
system.
The majority report requires the chief
judge of the Court of Appeals to assume
complete responsibility before the adminis-
tration of the courts; within the rule-mak-
ing power, the courts may be administered
within such limitations and suggestions as
the court in its wisdom provides by rule.
There may be some apparent reason that
the legislature at the time it adds judges
to this court may have ideas as to how the
divisions may sit or operate, which might
not subsequently appear to the court to be
implemented by rule. To me that is in-
conceivable.
Furthermore, the power of the legisla-
ture to prescribe at the time it expanded
the manpower of that court as to how these
divisions might operate could, I respect-
fully suggest, interfere and disrupt the or-
derly housekeeping, for want of a better
word, of the overall court concept, and of
course, particularly at this expandable
court level of the intermediate appellate
court, which this majority report of the
Judicial Committee contemplates must be
expanded to take care of an increasing
caseload at that level.
We, therefore, feel that adoption of this
amendment is inconsistent with the recom-
mended procedures in other jurisdictions,
especially the appellate level, and is incon-
sistent with the overall concept of the
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court structure as contemplated and recom-
mended by the Committee on the Judicial
Branch. I shall, therefore, vote against the
amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the
amendment?
(There was no response.)
Does any other delegate desire to speak
in opposition to the amendment?
(There was no response.)
The question arises on the adoption of
amendment —
Delegate Bamberger.
DELEGATE BAMBERGER: May I ask
if the Chairman would yield to a question?
THE CHAIRMAN: I am sorry. Delegate
Mudd, do you yield to a question?
DELEGATE MUDD: Yes, sir.
DELEGATE BAMBERGER: I under-
stood your opposition to the amendment
was premised on the fact that it took away
from the Court of Appeals the power to
decide how the Intermediate Court of Ap-
peals shall sit. Does it do that?
DELEGATE MUDD: It could, if the ac-
tion of the General Assembly was the last
expression of opinion as to how the court
should sit.
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: May I
speak to the amendment?
THE CHAIRMAN: You may, sir.
DELEGATE BAMBERGER: It does not
take away the power of the Court of Ap-
peals to decide the panels in which the
court of special appeals shall sit. It takes
it away as long as it would take the Court
of Appeals to meet after the legislature
had done something.
I want to make it clear that I do not in-
tend to take that power away from the
court. I just think that the legislature,
when it is going to be asked to establish the
number of judges in a court, ought to be
able to say something about whether they
all sit together or whether they sit in
panels.
I do not think the legislature should be
the only body that decides that. I think
the court ought to have something to do
with its own housekeeping. I just do not
think it ought to be exclusive.
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