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uniformity of jurisdiction, some inability
to assign the judicial manpower, could
seriously disrupt the orderly and efficient
administration of justice in the State.
THE CHAIRMAN: You have a quarter
of a minute, Delegate Mudd.
DELEGATE MUDD: Therefore, we re-
spectfully urge your rejection of this
amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
DELEGATE BARD: I have a question,
Mr. Chairman. Is it in Order?
THE CHAIRMAN: To whom is your
question?
DELEGATE BARD: Delegate Mac-
donald.
THE CHAIRMAN: The delegate desires
to speak. He will be recognized first.
Delegate Mason, do you desire to speak
to the amendment?
DELEGATE MASON: No. I have a
question to Delegate Macdonald.
THE CHAIRMAN: Delegate Macdonald,
will you yield to a question from Delegate
Bard?
DELEGATE MACDONALD: Yes.
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: Delegate Mac-
donald, would your motion preclude the fact
that the change you recommend for 5.08
would also necessitate a change in 5.10, on
line 41?
DELEGATE MACDONALD: I did not
hear everything you said.
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: Delegate Mac-
donald, would it not be true that the change
which you recommend for 5.08 would also
need to be made by your logic in 5.10, line
41?
THE CHAIRMAN: Delegate Macdonald.
DELEGATE MACDONALD: Yes, and
I intend to introduce a similar amendment
to section 5.10.
THE CHAIRMAN: Delegate Mac-
donald, do you yield to a further question
from Delegate Mason?
DELEGATE MACDONALD: I do.
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THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: Delegate Mac-
donald, could the legislature establish a
functional division in the superior court of
one county as opposed to establishing this
in all counties?
DELEGATE MACDONALD: As I in-
terpret the Committee's report, and if this
is incorrect, I would like to have Delegate
Mudd correct me, that if the court already
had jurisdiction over the subject matter, it
could create a functional division in one or
more counties to take care of that matter,
over which it already has jurisdiction. For
example, assume that the superior court
already has jurisdiction over divorce cases.
It could in one or more counties establish,
in my opinion, a functional division so that
one judge would be assigned to those di-
vorce cases in that county.
If it is a matter over which the court
does not at the present time have jurisdic-
tion, then it would be necessary to grant
the jurisdiction to the court and that grant
of course would be state-wide.
I understand that to be required by Sec-
tion 5.07. And then in such counties where
the work was so heavy that it would be
necessary, or desirable, to have a particular
judge sitting on those cases, you could es-
tablish that functional division.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment? Delegate Dukes?
DELEGATE DUKES: May I ask a
question of Delegate Mudd?
THE CHAIRMAN: Of Delegate Mudd?
DELEGATE DUKES: Yes, sir.
THE CHAIRMAN: Does Delegate Mudd
yield to a question?
DELEGATE MUDD: Yes, Mr. Chair-
man.
THE CHAIRMAN: Delegate Dukes.
DELEGATE DUKES: Delegate Mudd, I,
like Mr. Macdonald, am strongly in favor
of the uniform four-tier system. If the
language in section 5.08 and also in 5.10,
which we are not discussing, functional
divisions of superior court, may be estab-
lished in any county as prescribed, if it
means what I think it does I am satisfied.
Did you hear Delegate Case this morning
in his explanation of what he thought the
legislature could do?
DELEGATE MUDD: Yes, sir.
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